ZebraCare On-Site Service Agreements in the UK and Ireland

Transcription

1 ZebraCare On-Site Service Agreement Valid for customers in UK only ZebraCare On-Site Service Agreements in the UK and Ireland Product Description ZebraCare On-Site Service Agreements are annual maintenance agreements for repair services for Zebra printers to be carried out on the end customer s site. Services Provided The Services provided under On-Site Agreements include All labour and parts required to bring a non-functioning printer back to full operation, with faults that are due to o wear and tear, o cosmetic damage that affects printer functionality, o manufacturing defects, and o printhead replacement Loan printers supplied at Zebra s cost should on-site repair activity be unsuccessful. How to Order an On-Site Service Agreement 1. Sign the ZebraCare On-Site Service Agreement. 2. Complete the ZebraCare On-Site Service Order Form 3. the ZebraCare On-Site Service Order Form, with Purchase Order, to zebracareuk@zebra.com. How to report a fault on a printer under an On-Site Service Agreement When a fault occurs, the end customer or his reseller may log a call to the Zebra Technical Helpdesk, and provide full problem description. Zebra will then diagnose errors and malfunctions and suggest corrective actions. If the fault cannot be rectified via Telephone Support, Zebra will use reasonable endeavours to dispatch a Zebra or Zebra contracted on-site repair engineer to arrive during the next business day. Deadline for faults to be reported for next business day response: 16:30pm Monday to Friday End Customer, VAR or Zebra Partner Repair Requests for On Site Repair Services under a ZebraCare On Site Service Agreement can be made to Depot and On Site Repair in UK and Ireland (operates 9 5 UK time) +44 (0) zebracareuk@zebra.com ZebraCare On-Site Service Agreement: Product Description 10/28/2010 Page 1

2 ZebraCare On-Site Service Agreement Valid for customers in UK only Ordering Notes For sale in the UK and Ireland only. Check for availability and conditions for each option with Price Advantage for Early Purchase A price increase is applied to the On-Site Service Agreement if purchased outside 30 days of printer purchase. Printhead coverage 1. Should printhead failure exceed Zebra s expectations, Zebra may initiate a quality review to Investigate printhead performance and customer preventative maintenance regimes and Make a review of the actual supplies usage by the customer. 2. For On-Site Agreements that include Printhead Coverage subject to the exclusive use of Zebra Supplies, should quarterly supplies purchase volumes fall more than 10% below the forecast, Zebra may charge for the labour and parts required for printhead replacement. Service Availability On-Site Service Agreements are available for purchase up to the end of the warranty period. Standard Coverage can be purchased up to the end of the 3 rd anniversary since printer sale. Exclusions Services do not include repairs to printers caused by accident, misuse, damage or disaster, shipping damage or printers that have reached the end of their useful life and so are beyond economic repair. ZebraCare On-Site Services described are subject to the terms and conditions set out in the ZebraCare On-Site Service Agreement. ZebraCare On-Site Service Agreement: Product Description 10/28/2010 Page 2

3 ZebraCare On-Site Service Agreement This ZebraCare On-Site Service Agreement ( Agreement ) is between Zebra Technologies Europe Limited of Dukes Meadow, Millboard Road, Bourne End, Buckinghamshire SL8 5XF, United Kingdom ( Zebra ) and Channel Partner ( Channel Partner or you ): Channel Partner Name: Contact: Address: This Agreement entitles the Channel Partner to receive on-site services as described in this Agreement. This Agreement shall only cover those Zebra Printers ( Printers ) supplied to an end user customer ( Customer ) either directly or via a reseller ( Reseller ), all of which information has been provided to Zebra on the Service Order Form. Please sign this Agreement, complete the Service Order Form and them to zebracareemea@zebra.com or fax them to +44 (0) Call +44 (0) with any queries. By signing you also verify that the enclosed list of Printers and Serial numbers are presently in use or could be in use and are in good working condition. This Agreement includes Terms and Conditions specific to this Agreement which are stated in the following pages, and incorporates Zebra s standard Terms and Conditions of Sale from time to time in force, to which you as a Channel Partner have already agreed. By signing this Agreement, you acknowledge that you have read and understood it and agree to be bound by its terms and conditions and agree that these supersede all others, oral or written, relating to the subject matter of this Agreement. Zebra Channel Partner Accepted and Agreed to: Zebra Technologies Europe Limited Accepted and Agreed to: By: Authorised Signature By: Authorised Signature Name: Print Name: Print Position: Position: Date: Date: ZebraCare On-Site Service Agreement (Final) 2 November

4 SERVICE ORDER FORM Registered Printers List for Zebra On-Site Service Instructions: - Complete One Form per Location. - If more than 10 Printers are to be included, use a second Order Form or supply serial number information in a separate xls or csv file. - this form with all serial numbers of printers to be covered to zebracareemea@zebra.com For Zebra RMA Office Use ZebraCare Agreement # Agreement Start Date: Service requested by: Channel Partner Contact: Purchase Order No: Reseller s Name and Address: Customer s Name and Address: Printer Location: Select one of the Printhead coverage options below: COMPREHENSIVE COVER - subject to exclusive use Zebra supplies PRINTERS AND HC100) COMPREHENSIVE COVER - with non exclusive use of Zebra supplies CARD PRINTERS AND HC100) (STANDARD OPTION FOR CARD (OPTION NOT AVAILABLE FOR For Agreements with printhead coverage with exclusive use of Zebra Supplies, please supply a forecast: If multiple label types will be used, please detail the volumes on a separate sheet or simply refer to the Supplies Quotation. If purchases fall below this forecast by >10%, Zebra reserves the right to charge for replacement printheads. (NO FORECAST REQUIRED FOR CARD PRINTERS). Zebra Price Concession or Quotation Number: Media (Quantity of Labels) Thermal Transfer Ribbon (Quantity of Rolls) Zebra Part No. First Year Forecast Quantity Item 1 Printer Part No. Printer Serial No. Date of Printer Sale ZebraCare Part No. ZebraCare Unit Price Agreement Expiry Date ZebraCare On-Site Service Agreement (Final) 2 November

5 ZebraCare On-Site Service Agreement Terms and Conditions 1. Term 1.1 This Agreement for On-Site Service shall commence on the date of signature by both parties and end on the Agreement Expiry Date identified on the Service Order Form. 1.2 There will be a 20 working day period after completion of the Agreement during which time no requests for repair will be made. During this 20 working day period after completion, Customer may call Zebra s Telephone Helpdesk for support. 1.3 This Agreement may be renewed for an additional period at Zebra s discretion at the then applicable rate, to be paid at the time of any such renewal, as quoted to Channel Partner. In the event of such renewal, Channel Partner, at Zebra s request, agrees to execute Zebra s then applicable form of this Agreement. 2. Services provided by Zebra 2.1 This Agreement entitles the Channel Partner to receive the following Services in respect of the Printers, subject to the terms set out in this Agreement: Technical Helpdesk Telephone Support Zebra shall use reasonable efforts to provide the Customer with a Technical Helpdesk telephone response within four (4) working hours following or phone receipt by the Support Desk of a problem by the Customer. Zebra shall provide the Customer with a reasonable amount of telephone support to assist the Customer in diagnosing errors and malfunctions that occur when the Customer uses the Printer. Zebra shall provide support services to the Customer in an attempt to correct diagnosed errors and malfunctions, and reasonable operator assistance On Site Repair Services If the fault cannot be rectified via Telephone Support and the on site request has been made before 4:30 pm Monday to Friday except for holidays observed by Zebra (or its subcontractors or agents ), Zebra will issue the Customer with a job number and use reasonable endeavours to dispatch a Zebra or Zebra contracted on-site repair engineer to arrive during the next business day during Zebra s Normal Business Hours (as defined below) at the Customer s site at the address specified in the Service Order Form. If for any reason an engineer cannot be dispatched for next business day response, Zebra or Zebra contracted partner will use reasonable endeavours to ship, at Zebra s expense and at the earliest opportunity, a replacement or equivalent Printer, on a loan basis. On repair of the faulty Printer, the Channel Partner shall procure that the Customer will ship, at Zebra s expense, the loaned Printer to Zebra or Zebra contracted partner as instructed. If the Customer should fail to ship the loaned Printer to Zebra or Zebra contracted party (as instructed) on time, Zebra will charge the Channel Partner rental at Zebra s then current rental rates for each over due day until receipt at Zebra s designated site. The Zebra or Zebra contracted on-site repair engineer will carry out repairs, if any, to the nonfunctioning Printer and any preventative maintenance and adjustments as Zebra or Zebra contracted partner shall deem necessary through printhead replacement, the removal of functional failures, the replacement of any defective components that are part of the Printer, preventative maintenance including printhead and sensor cleaning and the repair / replacement of damaged housings, cracked or broken displays, cracked or missing keypads as it negatively affects printer functionality If for any reason the on-site repair engineer is unable to rectify the fault on site, Zebra or Zebra contracted partner will use reasonable endeavours to ship, at Zebra s expense, a replacement or equivalent Printer, on a loan basis, within 4 business days after the Customer has called to report the issue to the Helpdesk. Zebra or Zebra contracted partner will ship the printer to the Customer at the address specified in the Service Order Form. The faulty Printer will be repaired by Zebra or Zebra contracted partner and will be shipped, at Zebra s expense, to the Customer. Within one working day of receipt of the repaired Printer, the Channel Partner shall procure that the Customer will ship, at Zebra s expense, the loaned Printer to Zebra or Zebra contracted partner (as instructed). If the Customer should fail to ship the loaned Printer to Zebra or Zebra contracted partner (as instructed) on time, Zebra will charge the Channel Partner rental at Zebra s then current rental rates for each over due day until receipt at Zebra s designated site. 2.2 Zebra will provide all Services during its normal business hours. The normal business hours are 9:00am to 17:00pm Monday to Friday except for holidays observed by Zebra (or its subcontractors or agents ) on-site repair engineers assigned to carry out the repair work and other personnel involved in customer support ( Normal Business Hours ). 3. General Conditions 3.1 Should Printer failure exceed Zebra s expectations, Zebra and Channel Partner agree to review Customer usage characteristics to improve performance. 4. Exclusions 4.1 The following is a non-exhaustive list of the items that are not included in this Agreement: Repairs to Printers that are, in Zebra s opinion, not in good condition at the start of the Agreement, or which are suffering from lack of reasonable operator preventative maintenance Repairs, testing or replacement of parts to Printers caused by: Failure to follow Zebra s instructions; Unauthorized tampering/modification of the Printer; Use of the Printer for other than the use for which designed; Accident, misuse, or disaster, including but not limited to, fire, flood or neglect; Parts, cables, computers and/or accessories external to the Printers identified on the Service Order Form; Shipping damage; or ZebraCare On-Site Service Agreement (Final) 2 November

6 Any defects in a Printer to the extent that these are due to the use of defective or inappropriate supplies with the Printer, any defect or error in any unauthorised software used on or in association with the Printer, or the Customer s refusal to allow Zebra s personnel proper access to the Printer Site preparation and the correction of any fault due to the Customer s failure to maintain a suitable environment for the Printer set up and installation of the Printer The relocation or transportation of the Printer or the correction of any fault resulting from such relocation or transportation Painting, refinishing or refurbishing of the Printer Adding, changing or removing features or options or making other functional changes to the Printer The provision of consumable supplies (such as paper, ribbons and print heads), even if consumed while providing the On-Site Services Maintenance of rechargeable batteries, cables which are not permanently attached to the Printer, or electrical work external to the Printer Systems engineering services, programming services and operational procedures of any sort Any services provided in circumstances where a reasonably skilled and competent Zebra Support Desk operator would have judged the Customer's request for On-Site Services to have been unnecessary Any other matters which are not within the normal course of hardware maintenance and/or which do not arise from normal use of the Printer. 4.2 If any work that is carried out by Zebra or Zebra contracted partner is, in Zebra's reasonable opinion, excluded from this On-Site Service Agreement or Zebra otherwise agrees to carry out any other Services, such work shall be carried out at Zebra s sole discretion on a time and materials basis in accordance with Zebra s charge rates as applicable from time to time. In the case of no fault found, Zebra s time can be charged on a time and materials basis (as above) and any costs of shipping loan printers pursuant Clause 2 shall be reimbursed by Channel Partner. 4.3 Printers that Zebra determines in its sole discretion are beyond economic repair will be disposed of in compliance with Zebra s environmental policies, and that specific Printer shall be deemed removed from this Agreement. In this event the Channel Partner shall be entitled to a pro-rata refund of the price of the Service for the relevant Printer for the unexpired term. 4.4 Services provided by Zebra under this Agreement do not include repairs, testing or replacement of parts to Printers after their fifth (5 th ) anniversary from date of sale to Customer, unless otherwise agreed in writing by Zebra. 5 Responsibilities of the Channel Partner and the Return to Manufacturer Authorisation Process 5.1 Channel Partner agrees to educate Customer with regards to preventative maintenance as described in Zebra s user documentation, and to make all reasonable endeavours to ensure that Customer complies with such preventative maintenance measures. 6 Customer s Responsibilities 6.1 Where the Services are to be provided at the Customer s premises, the Channel Partner shall procure that the Customer shall provide Zebra or its contracted partner with all facilities reasonably necessary to enable Zebra or its contracted partner to properly perform the Services including, but not limited to, electric power for portable electric tools, sufficient light where possible, safe access to the Printer, appropriate consumable supplies (such as paper and ribbons) and reasonable co-operation from the Customer s employees. Zebra will not be liable for any loss, failure, delay or damage caused to or suffered by the Customer or Channel Partner as a result of any failure or delay by the Customer in providing any such facilities. 7. Payment 7.1 Zebra will invoice the Channel Partner for the full term of the Agreement in advance. Service cover under this Agreement will not take effect until Zebra has received payment in full from Channel Partner for all amounts due and invoiced by Zebra. All amounts due must be paid according to Zebra s then standard Terms and Conditions of Sale. 8 Warranty 8.1 Zebra warrants to Channel Partner that Services under this Agreement will be performed with reasonable skill and care. 8.2 Zebra s obligations and liability under this warranty are subject to the receipt of prompt notice of defects as to parts and/or workmanship from the Customer or Channel Partner. 8.3 The foregoing is a limited warranty and it is the only warranty given by Zebra. All other warranties, express or implied, including, without limitation, all implied warranties of a satisfactory quality and fitness for a particular purpose are excluded to the fullest extent permitted by law. 8.4 Without limitation to the foregoing, Zebra does not warrant or make any representation that: the Services provided under this Agreement will meet a Channel Partner s or Customer s requirements in all cases; the Services will result in error-free solutions in attempting to repair any Printers; or all defects in Printers can be corrected. 8.5 No oral or written information or advice given by Zebra or its authorised representatives shall create a warranty or in any way increase the scope of its obligations under this Agreement. 9. Limitation of Liability 9.1 Zebra s sole liability under this Agreement shall be to use reasonable endeavours to repair, subject to the terms of this Agreement, the Printer. ZebraCare On-Site Service Agreement (Final) 2 November

7 9.2 The entire liability of Zebra under or in connection with this Agreement shall not exceed the price of the Services paid under this Agreement for the then current applicable term. 9.3 Nothing in this Clause 9 or otherwise in this Agreement shall exclude or in any way limit either s party liability for (i) fraud, (ii) death or personal injury caused by its negligence (including negligence as defined in s.1 Unfair Contract Terms Act 1977), or (iii) any liability to the extent the same may not be excluded or limited as a matter of law. 9.4 Without prejudice to Clause 9.2, Zebra shall not be liable to the Channel Partner or any third party under or in connection with this Agreement or any Services hereunder for any loss of income, loss of actual or anticipated profits (direct or indirect), loss of business, loss of contracts, loss of goodwill or reputation, loss of business, loss of anticipated savings, loss of, damage to or corruption of data, or for any indirect or consequential loss or damage of any kind, in each case however arising, whether such loss was foreseeable or in the contemplation of the parties and whether arising in or for breach of contract, tort (incuding negligence), breach of statutory duty, indemnity or otherwise. 9.5 Zebra shall not be liable for any delays in the performance of the Services. 9.6 Without prejudice to the foregoing, Zebra shall not be liable for any failure to peform its obligations under this Agreement due to Force Majeure. Force Majeure means any event beyond the reasonable control of Zebra or its subcontractors including without limitation acts of God, war, riot, civil commotion, malicious damage or any overriding emergency procedures of government or other competent authority, fire, flood, storm, or drought. 10. Supplies Forecast and Printhead Coverage 10.1 For Agreements that include Printhead Coverage subject to the exclusive use of Zebra Supplies: Channel Partner agrees to use all reasonable endeavours to ensure that the Customer is using Zebra Supplies exclusively Should Supplies purchase volumes, in any given Quarter, for any reason and under any circumstances, be more than 10% below the forecast on the Service Order Form, Zebra may charge for replacement printheads and the labour required Should printhead failure exceed Zebra s expectations, Zebra may initiate a quality review to investigate printhead performance and Customer s preventative maintenance regimes and a review of the actual supplies usage by the Customer For Agreements that include Printhead Coverage not subject to the exclusive use of Zebra Supplies, should printhead failure exceed Zebra s expectations, Zebra may initiate a quality review to investigate printhead performance, the quality of the supplies in use, the Customer s preventative maintenance regimes and a review of the actual supplies usage by the Customer. 11. Assignment 11.1 The Channel Partner shall not have the right to assign or transfer its rights under this Agreement unless it has Zebra s prior written consent. 12. Termination 12.1 Zebra shall have the right to suspend its Services under this Agreement or terminate this Agreement, forthwith on written notice to Channel Partner, in the event of either a reported failure rate, which in Zebra s view is persistently and unacceptably high, of Printers in which no fault is found, or a reported failure rate, which in Zebra s view is persistently and unacceptably high, of Printers which are not maintained by the user as advised in Zebra s user documentation. In this event the Channel Partner shall be entitled to a pro-rata refund of the price for the Services for the unexpired term Zebra shall have the right to suspend its Services under this Agreement or terminate this Agreement, forthwith on written notice to the Channel Partner, in the event of the discontinuation of manufacture or the unavailability of spare parts for the Printer models listed on the Service Order Form in which event the Channel Partner shall be entitled to a pro-rata refund of the price for the Services for the unexpired term Zebra shall have the right to terminate this Agreement, in the event that Zebra ceases to provide directly, or through contracted partners, the Services on giving not less than 60 days written notice to Channel Partner. In this event the Channel Partner shall be entitled to a pro-rate refund of the price for the Services for the unexpired term Either party shall be entitled to terminate this Agreement on not less than 90 days written notice at any time. In this event the Channel Partner shall be entitled to a pro-rata refund of the price of the Services for the unexpired term. 13. General 13.1 Zebra is a member of a certain group of companies and accordingly Zebra may perform any of its obligations or exercise any of its rights under this Agreement by itself or through any other member of its group or through any of its authorised service providers No waiver by Zebra of any breach of any terms of this Agreement by the Channel Partner shall be considered as a waiver of any subsequent breach of the same or any other provision If any provision of these terms is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected This Agreement shall be governed by the laws of England the parties agree to submit to the exclusive jurisdiction of the English courts. Nothing in this Clause 13 shall limit the right of Zebra to take proceedings against the Channel Partner in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdiction preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction. ZebraCare On-Site Service Agreement (Final) 2 November

8 13.5 A person who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms. ZebraCare On-Site Service Agreement (Final) 2 November