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Disclaimer
4. EXCEPTIONS 4.1 Axis Softech's Service Offerings do not include support which is necessitated as a result of any cause other than a result of Axis Softech's neglect or fault, including, without limitation:- (a) failure or fluctuation of electric power, air conditioning, humidity control or other environmental conditions; or (b) accident, transportation, neglect, misuse, abuse or default of or by the Customer its employees or agents or any third party, including but not limited to broken or cracked plastics; or (c) any fault in any products or components which are not supplied by Axis Softech, whether or not (i) they form part of a Customer's configuration of the Products; or (ii) they comprise the Customer's configuration and the Products form an integral part of them; or (d) any fault in attachments or associated products or components (whether or not supplied by Axis Softech) which do not form part of the Products covered by this Agreement under the relevant Service Offering; or (e) any fault in the Products caused by the failure of any products or components not supplied by Axis Softech or caused by any software installed on the Products; or (f) act of God, lightning, fire, flood, war, act of violence or any similar occurrence; or (g) any attempt by any person other than Axis Softech personnel or any person authorised by Axis Softech (via the telephone or otherwise) or an authorised Axis Softech sub-contractor, to adjust, repair or support the Products. 4.3 The Service Offerings do not include:-(a) support of non-Axis Softech sold Products . The Customer agrees that where such of the Products are covered by a relevant manufacturer's warranty to utilise that warranty for the support of such Products and in any event not look to Axis Softech for such support; (b) Services at places other than the Location except where Axis Softech specifically agrees otherwise; (c) the correction or avoidance of software defects or errors or the loading or re-loading of a Customer's application software or the Customer's data or any re-configuration of the Products beyond loading the operating system software (ie basic install of the OS and Drivers using the factory supplied CDs) as carried out before shipment; (d) electrical or other environmental work external to the Products; and (e) the support of any attachments or associated products which do not form part of the Products. 4.4 Collection of Products by Axis Softech, or it's appointed carrier, under any of the Service Offerings, shall not be construed as invalidating the exceptions stated above and shall not imply that Axis Softech accepts the validity of the customer's claim. 5. SERVICES NOT COVERED BY THE SERVICE OFFERINGS 5.1 Axis Softech shall impose an additional charge on the Customer, in accordance with its standard scale of charges for the time being in force, for any Services provided by Axis Softech at the request of the Customer which:- (a) fall within any of the exclusions referred to in clause 4.2 above; or (d) in the opinion of Axis Softech, were not necessary; or (c) were not provided because the Customer was not present or available to allow Axis Softech access to the Location. 5.2 For the avoidance of doubt, nothing in this clause shall impose any obligation on Axis Softech to provide Services which fall within the exclusions referred to in clause 4.2 above. 5.3 Emergency Services In addition to the Services, Axis Softech shall, at its sole discretion, provide during the continuance of this Agreement an emergency corrective service outside the Standard Service Hours. Axis Softech shall respond to a request for such Emergency Services as soon as practicable after its receipt of such request. All requests for Emergency Services shall be made during the Standard Service Hours. The Emergency Services shall be provided at Axis Softech's standard scale of charges for such service from time to time in force. Such charges shall take into account not only the time that Axis Softech's service engineer spends at the Location but also his travelling time to, and where appropriate from, that Location
6.1 During the continuance of this Agreement, the Customer shall:- Facilities (a) Provide Axis Softech with full, safe and prompt access to the Products to enable Axis Softech to carry out its obligations under this Agreement. (b) Provide adequate working space around the Products for the use of Axis Softech's personnel and make available all reasonable facilities as may be requested from time to time by Axis Softech for the storage and safe keeping of any test equipment and spare parts. (c) Use all reasonable endeavours to provide a suitable vehicle parking facility for use by Axis Softech's personnel which is not used for any other testing, diagnostic and remedial purposes at the Customer's expense. (d) Use all reasonable endeavours to provide a suitable vehicle parking facility for use by Axis Softech's personnel which is free from any legal restrictions and which is immediately close to the Location. (e) Ensure, in the interest of health and safety, that Axis Softech's personnel are met promptly by a member of the Customer's staff and while on the Customer's premises for the purposes of this Agreement, are at all times accompanied by a member of the Customer's staff familiar with the Customer's premises and safety procedures. (f) Make available to Axis Softech, free of charge, all facilities and services reasonably required by Axis Softech to enable Axis Softech properly to provide the Services under this Agreement. (g) Provide such telecommunication facilities as are reasonably required. Use and Care (a) Make sure that proper environmental conditions (in particular those (if any) defined in the relevant Product user manuals) are maintained for the Products and shall further maintain in good condition the place where the Products are situated, the cables and fittings to the Products and associated with the Products, and the electricity supply thereto. (b) Save for discrete additions generally recognised as being compatible with the Products, not make any modifications to the Products without Axis Softech's prior consent. (c) Ensure that the Products are used in a proper manner, in accordance with the Product user manuals and by competent trained employees only or by persons under their supervision. (d) Ensure that the external surfaces of the Products are, where appropriate, kept clean and in good condition and shall carry out any minor maintenance requirements recommended by Axis Softech (or recommended in the relevant Product user manual) from time to time. (e) Save as aforesaid, and except when operating under: (i) a Axis Softech Agreement or in accordance with a Service Offering which provides otherwise; or (ii) under instructions from the Axis Softech Telephone Support; not attempt to adjust, repair, support or maintain the Products and shall not request, permit or authorise anyone other than Axis Softech or the manufacturer of the Products (where such Products are under a warranty from a manufacturer other than Axis Softech) to carry out any adjustments, repairs, support or maintenance of the Products. (f) Use on or with the Products only such accessory, attachment, component or additional equipment or products as Axis Softech recommends, or are recommended in accordance with the Product user manuals, or are commonly and properly used on or with the Products. (g) Not use in conjunction with the Products any accessory, attachment, component or additional equipment or products other than those which have been supplied or approved by Axis Softech for use in the manner proposed, or which are specifically approved as compatible by the relevant Product user manuals. |
