Download sMRT AU10 Manual - Marine Rescue Technologies

sMRT AU10
User Manual
790000024_sMRT AU10 User Manual
Version 2.2_20140902
September 2014
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sMRT AU10 User Manual v2.2
Table of Contents
I Introduction
3
II Glossary of Terms & Acronyms
4
III Warnings & Safety Information
5
IV sMRT AU10 Overview
7
1 sMRT AU10
..............................................................................
Features
8
V sMRT AU10 Operation
10
1 Device Indications
.............................................................................. 14
2 Testing the
..............................................................................
sMRT AU10
15
VI Recertification and Servicing
18
VII Declaration of Conformity
20
VIII FCC Compliance Information Statement
21
IX Warranty
22
X Terms & Conditions of Sale
23
XI Maintenance Agreement Terms &
Conditions
XII Disclaimer
33
XIII Trademark Notice
42
XIV Technical Specifications
43
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Introduction
The following symbols and conventions are used to indicate important
information. Always observe these instructions.
WARNINGS: Instructions that, if ignored, could result in death or
serious personal injury caused by incorrect operation of the
equipment. These must be observed for safe operation.
CAUTIONS: Instructions that, if ignored, could result in personal
injury or material damage caused by incorrect operation of the
equipment. These must be observed for safe operation.
Important Note: Important instructions that should be adhered to
during system operation.
Typographic Conventions
1. Hardware features are displayed in bold uppercase letters, e.g.
ARMING SWITCH.
2. Operation states are displayed in bold uppercase letters surrounded
by square brackets, e.g. [OFF].
Using your sMRT AU10 for the First Time
Carefully read the Warnings and Safety Information section in this
manual prior to using the sMRT AU10 for the first time. To operate
correctly, the sMRT AU10 should be professionally fitted to an MRT
approved PFD by a service centre authorised by MRT. Visit the MRT
website www.mrtsos.com for specific instructions on accessing the
sMRT AU10.
Prior to first use perform a full system test to confirm the device is
operating correctly.
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2
Glossary of Terms & Acronyms
AIS
Automatic Identification System: Automatic tracking system
used on ships and by vessel traffic services for identifying
and locating vessels by electronically exchanging data with
other nearby ships, AIS base stations, and satellites.
DSC
Digital Selective Calling – technology used to automate
calling on terrestrial marine radio systems.
ECDIS
Electronic Chart Display and Information System
EPIRB
Emergency Position Indicating Radio Beacon.
FCC
US Federal Communications Commission
GPS
Global Positioning System - for satellite navigation
MAYDAY
Voice distress priority message
MMSI
Maritime Mobile Service Identity (DSC identity number)
MRT
Marine Rescue Technologies
MSLS
Maritime Survivor Locating System
PFD
Personal Flotation Device
PLD
Personal Locating Device
RDF
Radio Direction Finding
RMA
Return Merchandise Authorisation - a number allocated by
MRT or an authorised service agent when returning
equipment for recertification or repair
RoHS
Restriction of Hazardous Substances directive
RTCM
Radio Technical Commission for Maritime Services
SAR
Search and Rescue
USCG
US Coast Guard
VHF
Very High Frequency radio band – 30 to 300 MHz.
WEE
Waste Electrical and Electronic Equipment directive
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Warnings & Safety Information
WARNINGS:
The sMRT AU10 is not an EPIRB.
The device is a Personal Locating Device (PLD), which uses AIS
and 121.5MHz Radio Direction Finding (RDF) techniques.
Perform a full system test before use.
The sMRT AU10 should ONLY be used in an emergency.
DELIBERATE MISUSE MAY INCUR A SEVERE PENALTY.
Annual inspection and recertification of the sMRT AU10 by MRT
Ltd. or an authorised service agent is required every 12 months.
DO NOT store or transport the unit in a wet or high moisture
environment to avoid accidental activation.
Do not dismantle the sMRT AU10.
DO NOT tamper with the AUTO ACTIVATION WATER SENSOR
on the top or bottom of the unit.
The sMRT AU10 emits radio frequency radiation when in use.
Avoid handling the antenna when activated.
LIFE JACKET & PERSONAL PROTECTIVE EQUIPMENT (PPE)
USAGE WARNINGS:
The sMRT AU10 must only be fitted/attached to life jackets
approved by MRT Ltd.
Only MRT approved attachment kits/pouches are to be used to
attach the unit to the life jacket.
The sMRT AU10 must be fitted strictly in accordance with the life
jacket manufacturer & MRT's instructions as supplied.
The sMRT AU10 must only be fitted by an approved service
centre authorised by MRT and the life jacket manufacturer.
The life jacket is to be serviced according to the manufacturer's
specifications.
It is the user's responsibility to ensure that any ancillary
equipment, such as survival suits/harnesses, PPE, clothing etc.,
does not interfere with the operation of the sMRT AU10.
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CAUTION:
Do not paint the sMRT AU10 or clean it with aggressive
detergents or solvents. Some cleaning materials may damage the
seals and affect the integrity of the device.
To ensure the sMRT AU10 operates as intended in an
emergency:
o Avoid dropping the unit.
o Avoid leaving the unit unnecessarily in full sun where it may
be exposed to excessively high temperatures.
o Inspect the device periodically for signs of wear and tear,
visible cracks or other damage.
The sMRT AU10 could save your life, treat it with respect at all times.
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sMRT AU10 Overview
This user manual provides all the information required to operate and test the
sMRT AU10 Maritime Survivor Locating Devices. The sMRT AU10 is a dualoperation Personal Locating Device transmitting on the 121.5 MHz search
and rescue (SAR) frequency, while simultaneously transmitting GPS
position coordinates on AIS channels AIS1 and AIS2.
sMRT AU10 Activation
When armed, the sMRT AU10 is designed to automatically activate in
an emergency when immersed in water. There is an AUTO
ACTIVATION WATER SENSOR on the top and bottom of the unit. If the
unit is continuously immersed in salt or fresh water it will auto-activate.
A predetermined 2 second delay period prevents device activation
caused by spray, rain and splashing.
The sMRT AU10 can also be manually activated by pressing the round
rubber ACTIVATION BUTTON on the front of the device when armed.
The design of the ARMING SWITCH, in conjunction with the unit's
RUBBER O-RING, prevents the device from being accidentally activated
while being carried or in transit.
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4.1 sMRT AU10 Features
sMRT AU10 Front
1. ANTENNA.
2. AUTO ACTIVATION WATER SENSOR.
3. Product name.
4. ACTIVATION BUTTON GUARD.
5. Front label.
6. RUBBER O-RING restrainer for ARMING SWITCH.
7. BASE CAP (hinged, not separate).
8. AUTO ACTIVATION WATER SENSOR.
9. Restrainer GRAB TAG for ARMING SWITCH.
10. ARMING SWITCH.
11. Round rubber ACTIVATION BUTTON (for activation and
function testing).
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12. Operation instructions (rear label)
sMRT AU10 Rear
13. Mandatory Recertification/Service Date (side label)
14. Device Serial Number (side label).
15. Device MMSI Number (side label).
sMRT AU10 Side
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sMRT AU10 Operation
The sMRT AU10 must be professionally fitted to an MRT approved PFD to
operate correctly. This ensures the device is in the most effective position for
water activation and emergency transmissions, while the PFD assists the
casualty to remain afloat and face-up when in the water.
The sMRT AU10 is [OFF] when shipped and needs to be configured in the
[READY] state prior to use.
WARNING: See the MRT website www.mrtsos.com for specific
instructions on accessing the sMRT AU10 inside the sMRT PFD.
Arming the sMRT AU10
This procedure arms the device for both manual and auto-activation.
Open the sMRT AU10 access
point zip in the PFD.
Remove the sMRT AU10 as
displayed and lift the RUBBER ORING up and over the ARMING
SWITCH.
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Push the ARMING SWITCH
down to the [READY] position
until it clicks into place and
ensure the RUBBER O-RING is
positioned in the gap above the
ARMING SWITCH.
Reinsert the unit in the PFD and
close the access point zip
securely. The sMRT AU10 and
PFD are now ready for use.
CAUTION: How you access the sMRT AU10 may differ from the
illustrations above depending on the manufacturer of your PFD.
Refer to the relevant user manual for your PFD for guidelines on
accessing the sMRT AU10.
WARNING: After arming the unit it can remain in the life jacket for
12 months until the jacket and beacon require servicing and
recertification. Before returning the unit for servicing and
recertification it must be made safe:
1. Slide the ARMING SWITCH up to the [OFF] position and
then lift and pull the RUBBER O-RING down and over the
ARMING SWITCH.
2. Ensure the RUBBER O-RING is positioned in the gap below
the ARMING SWITCH.
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Activating the sMRT AU10
Activation commences dual-operation Personal Locating Device
transmissions on the 121.5 MHz search and rescue (SAR) frequency,
while simultaneously transmitting GPS position coordinates on AIS
channels AIS1 and AIS2. sMRT AU10 transmissions continue after
activation until the device is disarmed/switched [OFF]. There are two
methods of activation.
Press the round rubber
ACTIVATION BUTTON.
The sMRT AU10 also activates
automatically after 2 seconds of
continuous immersion in water.
Audio SOS BEEPs can be heard and flashing RED LEDs are visible when
the unit is transmitting in non-test mode. This pattern cycles continuously
until the unit is disarmed/switched [OFF].
Important Note: The unit has two AUTO ACTIVATION WATER
SENSORS (a metal screw on top of the unit and within the base
cap). Both these sensors have to be continuously immersed for a
period of not less than 2 seconds to allow the unit to auto-activate,
this prevents inadvertent activation by spray, rain or splashes.
CAUTION: DO NOT store or transport the unit in a wet or high
moisture environment to avoid accidental activation.
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Disarming/Deactivation of the sMRT AU10
Slide the ARMING SWITCH up to the [OFF] position and then lift and
pull the RUBBER O-RING down and over the ARMING SWITCH.
Ensure the RUBBER O-RING is positioned in the gap below the
ARMING SWITCH.
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5.1 Device Indications
The following table provides an overview of device indications in different
operation states.
AU10
Arming
State
LED Colour
Audio Indication
[OFF]
[OFF] +
Battery
Test Mode
Active
None
Solid GREEN
LED
None
Single BEEP every few
secs. during GPS lock;
BEEPS cease for a short
period after GPS lock is
acquired; then a change in
the BEEP tone before
hibernation.
Single BEEP every few
secs. during GPS lock;
BEEPS cease for a short
period after GPS lock is
acquired; then a change in
the BEEP tone before
hibernation.
None
Solid RED
LED
Not
illuminated
[READY] +
Not
Activated
[READY] +
Activated
(non-test
mode)
GREEN LED
flashes
approx. every
60 secs
RED LED
flashes
approx. every
60 secs
RED LED
flashes
approx. every
second
Short BEEPS approx.
every 60 secs
Battery State
Battery OK
Battery
recertification
required
Battery
recertification
required
Battery OK
Short BEEPS approx.
every 60 secs
Battery
recertification
required
Audio SOS BEEPS can be
heard when the unit is
transmitting in non-test
mode.
Battery
recertification
required after
activation in an
emergency
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5.2 Testing the sMRT AU10
A full system test is performed prior to the sMRT AU10 being shipped. The
device is [OFF] when shipped and needs to be configured in the [READY]
state prior to use. A full system test should also be performed at this time.
WARNING: After deployment into active service, a regular full
system test of the sMRT AU10 should be performed every 3 months.
Do not test the sMRT AU10 more than once per month as this could
affect battery life and operation of the device in an emergency. MRT
also mandates that the sMRT AU10 must be returned to MRT, or an
authorised MRT service agent, for annual servicing and
recertification.
Low Power Function Test Mode: Battery Testing
Ensure the ARMING SWITCH is in the [OFF] position.
1. Press and hold the round rubber ACTIVATION BUTTON to
activate function test mode.
2. Observe the ANTENNA LED:
a. GREEN LED = Batteries OK
b. No LED = Battery recertification required
c. RED LED = Battery recertification required
3. To cancel function test mode and the battery function test:
a. Stop pressing the ACTIVATION BUTTON, or
b. Lift the RUBBER O-RING up and over the ARMING
SWITCH, push the ARMING SWITCH down, then
immediately up to cancel the function test.
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Automatic Low Power Indications
The unit has battery status indications to indicate a low battery:
Short BEEPS (approximately every 60 seconds).
RED LED flashes (approximately every 60 seconds).
Low Power Test Mode: Verifying 121.xxMHz and AIS
Transmissions
When in low power test mode, the sMRT AU10 will display battery LED
indications and transmit low power 121MHz and AIS test transmissions.
Verifying 121.xxMHz Test Transmissions
Live units transmit on 121.5MHz and training units transmit on
121.65MHz or 121.775MHz. The low power transmission range is
approximately 30 meters and transmissions can be verified using
an MRT Crewguard or MRT SARfinder receiver.
WARNINGS: When conducting a test or exercise on the
SARfinder using the 121.65MHz frequency, it will automatically
revert back to the live 121.5MHz frequency after 20 minutes.
Verifying AIS Test Transmissions
AIS test transmissions with GPS position coordinates are sent
after a GPS position has been acquired. These can be verified and
displayed using a suitable chart plotter linked to an AIS receiver or
sMRT Station.
GPS Test
CAUTION: Ensure the device has a clear view of the sky during
testing to receive a GPS signal.
Ensure the ARMING SWITCH is in the [OFF] position.
1. Press and release the round rubber ACTIVATION BUTTON to
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activate GPS test mode.
2. The unit will attempt to acquire a GPS lock, which is indicated
by an audio BEEP every few seconds. BEEPS will cease for a
short period after a GPS lock has been acquired, followed by a
change in the BEEP tone. The unit will then go into hibernation.
(Note: GPS time to first lock is approximately < 1 minute,
depending on operating conditions).
3. If no lock is achieved after approximately 5 minutes the device
will automatically stop searching and go into hibernation.
sMRT AU10 LED Indications when Armed
The sMRT AU10 displays the following status indications when the
ARMING SWITCH is in the [READY] position and the battery is OK:
Short BEEPS (approximately every 60 seconds)
Green LED flashes (approximately every 60 seconds)
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Recertification and Servicing
Annual recertification is essential to ensure the sMRT AU10 unit operates
effectively in a lifesaving situation. Regularly check the recertification dates
for your PFD and sMRT AU10 as displayed on your PFD's service label (see
following label example).
sMRT AU10 Service Label
Do not use your sMRT AU10 if there are any signs of damage, or if any
functional tests fail. MRT and authorised MRT service agents provide a full
and comprehensive service and repair facility for recertification of units
including battery replacement.
WARNING: If annual recertification is not undertaken prior to the
return for service date, as indicated on the unit each year, the
operability and reliability of the unit will be severely affected and the
unit will NOT BE CERTIFIED FOR ANY FURTHER USE. An audible
beep will sound continuously and the LED will flash red
continuously (until the battery expires) if the sMRT AU10 has not
been recertified as specified. MRT is not liable for any defect or
failure of the unit and any resulting effect including Personal Injury
or Death.
Cracks in seals or housings could allow moisture inside the unit, rendering it
unreliable or unusable. If cracking is observed, or if it is possible that the unit
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has been damaged, please contact MRT or an authorised MRT service
agent for it to be assessed, repaired or replaced as required.
How to Return Units for Recertification and Servicing
Please contact MRT at [email protected], or your authorised
service agent, to obtain an RMA tracking number for any units being
returned for recertification and servicing. Record the RMA number and
include it when returning units as it is used to track the device during
the servicing and recertification process.
Operational Life
The sMRT AU10 has a service life of 5 years and must be
recertified annually. If the device fails a battery self-test at any time it
should be returned to MRT, or an authorised MRT service agent for
testing and recertification.
End of Life Statement
Marine Rescue Technologies hereby declares that all materials,
components and products supplied are in full compliance with RoHS &
WEE directives. This product must be disposed of according to local
laws and regulations. Because the product contains a battery it must be
disposed of separately from household waste. Do not incinerate, but
take it to a recycling facility.
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Declaration of Conformity
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FCC Compliance Information
Statement
This device complies with Part 15 of the FCC Rules. Operation is subject to
the following two conditions:
1. This device may not cause harmful interference; and
2. This device must accept any interference received, including interference
that may cause undesired operation.
Note:
This equipment has been tested and found to comply with the limits
for a Class B digital device, pursuant to Part 15 of the FCC Rules.
These limits are designed to provide reasonable protection against
harmful interference in a residential installation.
This equipment generates, uses and can radiate radio frequency
energy and, if not installed and used in accordance with the
instructions, may cause harmful interference to radio
communications. However, there is no guarantee that interference will
not occur in a particular installation.
If this equipment does cause harmful interference to radio or television
reception, which can be determined by turning the equipment off and
on, the user is encouraged to try to correct the interference by one or
more of the following measures:
1. Reorient or relocate the receiving antenna;
2. Increase the separation between the equipment and receiver; or
3. Contact your authorised MRT service agent for help.
Do not make any changes or modifications to the equipment unless
otherwise specified in this manual. If such changes or modifications should
be made, you could be required to stop operation of the equipment. Any
changes or modifications not expressly approved by MRT Limited could void
the user’ authority to operate this equipment.
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Warranty
It is important to register the purchase of MRT products by completing the
online form. Failure to complete registration could delay any warranty claim.
Online product registration and MRT terms of sale conditions are available
on the company's website at http://mrtsos.com/support/product-registrationand-warranty.
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10 Terms & Conditions of Sale
1 Definitions & Interpretation
(a) The def initions and rules of interpretation in this clause apply in these Conditions.
Annual Maintenance/Support: an annual programme of maintenance, repairs and support in respect of
marine saf ety equipment in accordance with relev ant Maintenance Protocols av ailable f rom the Supplier
under an Annual Maintenance & Recertif ication Agreement.
Annual Maintenance & Recertification Agreement: the Supplier’s separate Annual Maintenance &
Recertif ication Serv ice Agreement cov ering Annual Maintenance/Support and Annual Recertif ication.
Annual Recertification: means annual recertif ication of marine saf ety equipment as being in Good
Working Order by the Supplier f ollowing completion of Annual Maintenance/Support av ailable f rom the
Supplier under an Annual Maintenance & Recertif ication Agreement.
Conditions: these Terms & Conditions of Sale.
Contract: the Customer's order and the Supplier's acceptance of it in accordance with clause 3(c), which
incorporates these Conditions.
Customer: the person, f irm or company who purchases Equipment f rom the Supplier.
Equipment: the equipment to be purchased by the Customer f rom the Supplier under the Contract,
including all hardware and related Sof tware, and all substitutions, replacements or renewals of such items
and all related accessories, manuals and instructions prov ided (including without limitation any part or
parts thereof ).
Good Working Order: means operation in accordance with relev ant operating manuals, specif ications
and other manuf acturer documentation.
Intellectual Property Rights: patents, rights to inv entions, copy right and related rights, trade marks,
trade names, domain names, rights in get-up, rights in goodwill or to sue f or passing of f , unf air
competition rights, rights in designs, rights in computer sof tware, database rights, topography rights,
moral rights, rights in conf idential inf ormation (including without limitation know-how and trade secrets) and
any other intellectual property rights, in each case whether registered or unregistered and including without
limitation all applications f or and renewals or extensions of such rights, and all similar or equiv alent rights
or f orms of protection in any part of the world.
Maintenance Protocols: the Supplier’s published procedures, requirements and protocols f or routine
prev entativ e and correctiv e maintenance, repairs and support of marine saf ety equipment supplied by it
(including hardware maintenance and repair, Sof tware updates and maintenance) f rom time to time to
ensure it is in Good Working Order.
Software: means one or more computer programs in object code f ormat, whether stand alone or bundled
with other hardware or sof tware supplied as part of the Equipment, including embedded code, and all
related documentation supplied under the Contract.
Supplier: Marine Rescue Technologies Limited (Company No. 04202403), Registered Of f ice: Halif ax
House, 30-34 George Street, Hull, East Y orkshire HU1 3AJ.
VAT: v alue added tax chargeable under English law f or the time being and any similar additional tax.
(b) Clause headings shall not af f ect the interpretation of these Conditions. Ref erences to clauses are to
the clauses of these Conditions
(c) A person includes a natural person, corporate or unincorporated body (whether or not hav ing separate
legal personality ).
(d) A ref erence to a company shall include any company , corporation or other body corporate, wherev er
and howev er incorporated or established.
(e) Unless the context otherwise requires, words in the singular shall include the plural and in the plural
include the singular.
(f ) Unless the context otherwise requires, a ref erence to one gender shall include a ref erence to the other
genders.
(g) A ref erence to a statute or statutory prov ision is a ref erence to it as amended, extended or re-enacted
f rom time to time.
(h) A ref erence to writing or written includes f axes and e-mail.
2 Application of Conditions
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(a) These Conditions shall:
(i) apply to and be incorporated in the Contract; and
(ii) prev ail ov er any inconsistent terms or clauses contained in or ref erred to in the Customer's purchase
order, conf irmation of order, or specif ication, or implied by law, trade custom, practice or course of
dealing.
(b) No addition to, v ariation of , exclusion or attempted exclusion of any term of these Conditions shall be
binding on the Supplier unless in writing and signed by a duly authorised representativ e of the Supplier.
(c) Each of the Supplier and the Customer warrant to each other that it has f ull capacity and authority to
enter into and perf orm the Contract, and that those signing the Contract are duly authorised to bind the
party f or whom they sign.
3 Basis of Sale
(a) Any quotation is v alid f or a period of 30 day s only , and the Supplier may withdraw it at any time by
notice to the Customer.
(b) Each order or acceptance of a quotation f or Equipment by the Customer shall be deemed to be an
of f er by the Customer subject to these Conditions. The Customer shall ensure that its order is complete
and accurate.
(c) A binding contract shall not come into existence between the Supplier and the Customer unless and
until the Supplier issues a written order acknowledgement to the Customer, or the Supplier deliv ers the
Equipment (as appropriate) to the Customer (whichev er occurs earlier).
(d) The Supplier may deliv er the Equipment by separate instalments. Each separate instalment shall be
inv oiced and paid f or in accordance with the prov isions of the applicable Contract. Each instalment shall
be a separate Contract and no cancellation or termination by either party of any one Contract relating to
an instalment shall entitle the Customer to repudiate or cancel any other Contract or instalment.
(e) No order f or Equipment which has been acknowledged by the Supplier may be cancelled by the
Customer, except with the agreement in writing of the Supplier and prov ided that the Customer
indemnif ies the Supplier in f ull against all loss (including without limitation loss of prof it), costs (including
without limitation the cost of all labour and materials used), damages, charges and expenses incurred by
the Supplier as a result of cancellation. Details of cancellation charges is av ailable f rom the Supplier upon
request.
(f ) Certain Sof tware products require product activ ation prior to being f ully enabled. Orders f or Sof tware
purchases may not under any circumstances be cancelled af ter product activ ation, including those
purchases and/or downloads originating through a web-based transaction.
(g) The United Nations Conv ention on Contracts f or the International Sale of Goods shall not apply to any
Contract made subject to these Conditions.
4 Quantity and Description
(a) The quantity and description of the Equipment shall be as set out in the Supplier's acknowledgement of
order or (if there is no acknowledgment of order) quotation.
(b) All samples, drawings, descriptiv e matter, specif ications and adv ertising issued by the Supplier, and
any descriptions or illustrations contained in the Supplier's catalogues or brochures are issued or published
f or illustrativ e purposes only and they do not f orm part of the Contract.
(c) Any ty pographical, clerical or other error or omission in any sales literature, quotation, price list,
acceptance of of f er, inv oice or other document or inf ormation issued by the Supplier shall be subject to
correction without any liability on the part of the Supplier.
(d) The Supplier reserv es the right (but does not assume the obligation) to make any changes in the
specif ication of the Equipment which are required to conf orm with any applicable legislation or, where the
Equipment is to be supplied to the Customer's specif ication, which do not materially af f ect their quality or
perf ormance.
5 Prices
(a) All prices are exclusiv e of deliv ery , packaging, packing, shipping, carriage, insurance, VAT and other
taxes, lev ies, assessments, charges and duties applicable to the sale of the Equipment and import into
the destination country . If any exemption f rom any taxes, duties or other charges is claimed, the
Customer must prov ide appropriate written ev idence to the Supplier.
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(b) The price of the Equipment shall be as stated in the Supplier's acknowledgement of order or quotation,
or where no price has been quoted (or a quoted price is no longer v alid), the price listed in the Supplier's
price list current at the date of acceptance of the order.
(c) The Supplier reserv es the right, by giv ing notice to the Customer at any time bef ore deliv ery , to
increase the price of such of the Equipment as has not been deliv ered to ref lect any increase in the cost
to the Supplier which is due to any f actor bey ond the control of the Supplier (including without limitation
any f oreign exchange f luctuation, currency regulation, alteration of duties, change in legislation,
signif icant increase in the costs of labour, materials or other costs of manuf acture), any change in
deliv ery dates, quantities or specif ications f or the Equipment which is requested by the Customer, or any
delay caused by any instructions of the Customer or f ailure of the Customer to giv e the Supplier
adequate inf ormation or instructions.
(d) The prices pay able f or Annual Maintenance/Support and/or Annual Recertif ication shall be as stated in
the Supplier's acknowledgement of order or as specif ied in the relev ant Annual Maintenance &
Recertif ication Agreement. The Supplier reserv es the right, by giv ing sixty (60) day s written notice to the
Customer at any time, to increase the prices charged by the Supplier f or Annual Maintenance/Support
and/or Annual Recertif ication, unless otherwise specif ied in the relev ant Annual Maintenance &
Recertif ication Agreement or otherwise agreed in writing by the Supplier (f or example, price changes f or
prepaid Annual Maintenance & Recertif ication will usually be agreed separately in writing between the
parties).
6 Payment
(a) Subject to any special terms agreed in writing between the Customer and the Supplier, the Supplier
may inv oice the Customer f or the price of the Equipment on or at any time af ter deliv ery of the
Equipment, unless:
(i) the Equipment is to be collected by the Customer; or
(ii) the Customer wrongf ully f ails to take deliv ery of the Equipment,
and in either case the Supplier shall be entitled to inv oice the Customer f or the price at any time af ter the
Supplier has notif ied the Customer that the Equipment is ready f or collection.
(b) The Supplier may inv oice the Customer f or Annual Maintenance/Support and/or Annual Recertif ication
in adv ance of the start of the relev ant period, or as specif ied in the relev ant Annual Maintenance &
Recertif ication Agreement.
(c) Credit pay ment terms are only av ailable to the Customer with the prior approv al of the Supplier, and
will be subject to an assessment of the Customer’s creditworthiness. The Supplier may change the
Customer’s credit or pay ment terms at any time if (in the opinion of the Supplier) the Customer's f inancial
condition or prev ious pay ment record justif ies this.
(d) Subject to clause 6(c), unless an alternativ e pay ment period is stated in the Supplier’s inv oice,
pay ment by the Customer shall be made within 30 day s of the date of the Supplier's inv oice, whether or
not deliv ery has taken place or title in the Equipment has passed to the Customer.
(e) Unless otherwise specif ied in the Supplier’s inv oice, all pay ments shall be made in British Pounds
(GBP) to the Supplier’s designated bank account by direct debit, credit card or electronic transf er. Time
f or pay ment shall be of the essence of the Contract.
(f ) If the Customer f ails to make pay ment in f ull on the due date, the whole of the balance of the price of
the Equipment and any Annual Maintenance/Support and/or Annual Recertif ication then outstanding shall
become immediately due and pay able and, without prejudice to any other right or remedy av ailable to the
Supplier, the Supplier shall be entitled to:
(i) terminate the Contract or suspend any f urther deliv eries of Equipment and/or prov ision of warranty
serv ice or Annual Maintenance/Support and/or Annual Recertif ication (whether ordered under the same
contract or not) to the Customer;
(ii) appropriate any pay ment made by the Customer to such of the Equipment or Annual Maintenance/
Support or Annual Recertif ication (whether under this Contract or any other contract between the
Customer and the Supplier) as it thinks f it (despite any purported appropriation by the Customer);
(iii) charge interest on the amount outstanding f rom the due date to the date of receipt by the Supplier
(whether or not af ter judgment), at the annual rate of 5% abov e the base lending rate f rom time to time of
NatWest Bank plc, accruing on a daily basis and being compounded quarterly until pay ment is made,
whether bef ore or af ter any judgment. The Supplier reserv es the right to claim interest under the Late
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Pay ment of Commercial Debts (Interest) Act 1998;
(iv ) make a storage charge f or any undeliv ered Equipment at its current rates f rom time to time;
(v ) a general lien on all Equipment and property belonging to the Customer, exercisable in respect of all
sums lawf ully due f rom the Customer to the Supplier. The Supplier shall be entitled, on the expiry of 14
day s' notice in writing, to dispose of such Equipment or property in such manner and at such price as it
thinks f it and to apply the proceeds towards the amount outstanding.
(g) All sums pay able to the Supplier under the Contract shall become due immediately on its termination,
despite any other prov ision of the Contract. This clause 6(g) is without prejudice to any right to claim f or
interest under the law, or any right under the Contract.
(h) The Supplier may , without prejudice to any other rights it may hav e, set of f any liability of the
Customer to the Supplier against any liability of the Supplier to the Customer.
7 Delivery of Equipment and Acceptance
(a) The Supplier shall use its reasonable endeav ours to deliv er the Equipment on the date or dates
specif ied in the Supplier's acknowledgement of order, but any such date is approximate only and time is
not of the essence as to deliv ery . If no dates are so specif ied, deliv ery shall be within a reasonable time
of acceptance of the order.
(b) The Equipment shall be deliv ered to the Customer’s deliv ery location specif ied in the Supplier's
acknowledgement of order or such other location agreed in writing prior to despatch. Equipment may be
deliv ered by the Supplier in adv ance of the quoted deliv ery date on giv ing reasonable notice to the
Customer.
(c) Deliv ery shall be made during normal business hours (excluding bank or public holiday s). The Supplier
may lev y additional charges f or any deliv eries made outside such hours at the Customer's request.
(d) The Customer shall be responsible (at the Customer's cost) f or preparing the deliv ery location f or the
deliv ery of the Equipment and f or the prov ision of all necessary access and f acilities reasonably required
to deliv er the Equipment. If the Supplier is prev ented f rom carry ing out deliv ery or installation on the
specif ied date because no such preparation has been carried out, the Supplier may lev y additional
charges to recov er its loss arising f rom this ev ent.
(e) The Customer shall be deemed to hav e accepted the Equipment when the Customer has had 5 day s
to inspect it af ter deliv ery and has not notif ied the Supplier in writing under clause 12(b).
(f ) The Supplier shall be responsible f or any damage, shortage or loss in transit, prov ided that the
Customer notif ies it to the Supplier (or its carrier, if applicable) within three day s of deliv ery or the
proposed deliv ery date of the Equipment and that the Equipment has been handled in accordance with the
Supplier's stipulations. Any remedy under this clause 7(f ) shall be limited, at the option of the Supplier, to
the replacement or repair of any Equipment which is prov en to the Supplier's satisf action to hav e been
lost or damaged in transit.
(g) The Customer shall be responsible f or comply ing with any legislation gov erning the importation of the
Equipment into the country of destination, and subsequent the export and re-export of the Equipment. If
in order to acquire or use the Equipment it must be registered with any gov ernmental authority , it is the
Customer’s responsibility to obtain and maintain such registration and to pay any associated costs,
expenses or taxes.
8 Risk and Property
(a) The Equipment shall be at the risk of the Supplier until deliv ery to the Customer. The Supplier shall
of f -load the Equipment at the Customer's risk.
(b) Ownership of the Equipment shall pass to the Customer on the later of completion of deliv ery
(including without limitation of f -loading), or when the Supplier has receiv ed in f ull in cleared f unds all sums
due to it in respect of :
(i) the Equipment; and
(ii) all other sums which are or become due to the Supplier f rom the Customer on any account.
(c) Until ownership of the Equipment has passed to the Customer under clause 8(b), the Customer shall:
(i) hold the Equipment on a f iduciary basis as the Supplier's bailee;
(ii) store the Equipment (at no cost to the Supplier) in satisf actory conditions and separately f rom all the
Customer's other equipment or that of a third party , so that it remains readily identif iable as the Supplier's
property ;
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(iii) not destroy , def ace or obscure any identif y ing mark or packaging on or relating to the Equipment;
and
(iv ) keep the Equipment insured on the Supplier's behalf f or its f ull price against all risks with a reputable
insurer, ensure that the Supplier's interest in the Equipment is noted on the policy , and hold the proceeds
of such insurance on trust f or the Supplier and not mix them with any other money , nor pay the proceeds
into an ov erdrawn bank account.
(d) The Customer's right to possession of the Equipment bef ore ownership has passed to it shall terminate
immediately if any of the circumstances set out in clause 17 arise or if the Customer encumbers or in
any way charges the Equipment, or if the Customer f ails to make any pay ment to the Supplier on the due
date.
(e) The Customer grants the Supplier, its agents and employ ees an irrev ocable licence at any time to
enter any premises where the Equipment is or may be stored in order to inspect it, or where the
Customer's right to possession has terminated, to remov e it. All costs incurred by the Supplier in
repossessing the Equipment shall be borne by the Customer.
(f ) On termination of the Contract f or any reason, the Supplier's (but not the Customer's) rights in this
clause 8 shall remain in ef f ect.
(g) The Supplier may appropriate pay ments by the Customer to such Equipment as it thinks f it,
notwithstanding any purported appropriation by the Customer to the contrary .
9 Inspection and Testing of Equipment
The Supplier shall:
(i) test and inspect the Equipment on deliv ery to ensure that it complies with the requirements of the
Contract; and
(ii) if so requested by the Customer, giv e the Customer reasonable adv ance notice of such tests (which
the Customer shall be entitled to attend).
10 Software Licence
(a) If the Supplier ref ers to a sof tware licence in its acknowledgment of order, the price of the Equipment
includes the licence f ee f or the Customer's right to use the Sof tware.
(b) If the Customer is prov ided with any operating sy stem sof tware licence in respect of the Sof tware,
the Customer shall sign and return it to the Supplier within sev en day s of installation of the sof tware,
unless the licence has been supplied on a "shrink-wrap" or "click-wrap" basis.
(c) If no sof tware licence has been prov ided to the Customer, the Customer hereby accepts a nonexclusiv e licence to use the object code of the Sof tware in conjunction with the Equipment f or the
Customer’s own internal purposes in accordance with the documentation (if any ) prov ided with the
Sof tware on the f ollowing conditions:
(i) the Customer shall not copy (except to the extent permissible under applicable law which is not capable
of exclusion by agreement) or reproduce, translate, adapt, v ary or modif y the sof tware, nor communicate
it to any third party , without Supplier's prior written consent;
(ii) the Customer shall not use the Sof tware on any equipment other than the Equipment, and shall not
remov e, adapt or otherwise tamper with any copy right notice, legend or logo which appears in or on the
Sof tware on the medium on which it resides;
(iii) such licence shall be terminable by either party on 28 day s' written notice, prov ided that the Supplier
may terminate only if the continued use or possession of the Sof tware by the Customer inf ringes the
dev eloper's or a third party 's rights, or the Supplier is compelled to do so by law, or if the Customer has
f ailed to comply with any term of the Contract; and
(iv ) on or bef ore the expiry of this licence, the Customer shall return to the Supplier all copies of the
Sof tware in its possession.
(d) The Customer's Sof tware licence under clause 10(c) is transf erable by the Customer, subject to the
Customer prov iding to the Supplier the name, address and location of transf eree and pay ment of any
applicable f ees to the extent permissible under local laws. The Customer will immediately upon transf er
deliv er all copies of the Sof tware to the transf eree. The transf eree must agree in writing to the Supplier's
Sof tware licence terms. In addition, the Customer's licence terms will be binding on inv oluntary
transf erees, notice of which is hereby giv en. Customer's licence will automatically terminate upon
transf er.
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11 Maintenance & Support - IMPORTANT
(a) It is the Customer’s responsibility to arrange f or Annual Maintenance/Support and Annual
Recertif ication of all Equipment to be undertaken by the Supplier in accordance with the Maintenance
Protocols f or that Equipment under a separate Annual Maintenance & Recertif ication Agreement. The
Customer will be responsible f or all additional charges pay able under the Annual Maintenance &
Recertif ication Agreement and f or all transportation expenses incurred in returning Equipment to the
Supplier f or the prov ision of this serv ice.
(b) Orders placed by the Customer f or Annual Maintenance/Support and Annual Recertif ication are subject
to the Supplier’s terms and conditions relev ant to the Equipment and serv ices concerned. The Customer
also agrees, if required by the Supplier, to enter into separate written Annual Maintenance &
Recertif ication Agreement(s) with the Supplier (in the Supplier’s then current f orm) setting out the terms
and conditions upon which such serv ices will be prov ided.
(c) Eligibility of Equipment f or Annual Maintenance/Support and Annual Recertif ication is limited to
Equipment at current specif ied rev ision lev els.
(d) The Customer is responsible f or remov ing any Equipment not eligible f or Annual Maintenance/Support
or Annual Recertif ication to enable the Supplier to perf orm these serv ices. Additional charges, calculated
at the Supplier's standard rates, may be incurred f or any extra work caused by such Equipment.
(e) The Customer is responsible f or maintaining a procedure external to the Equipment to reconstruct lost
or altered Customer f iles, data or programs.
(f ) Subject to the terms of any applicable Annual Maintenance & Recertif ication Agreement, by giv ing not
less than sixty (60) day s’ written notice to the other party :
(i) the Customer may delete prov ision of Annual Maintenance/Support and Annual Recertif ication in
respect of any Equipment, or may cancel any related support agreement; or
(ii) the Supplier may delete Equipment no longer included in the Supplier's support of f ering or may cancel
a support agreement.
(g) Subject to the terms of any applicable Annual Maintenance & Recertif ication Agreement, the Customer
may not assign or transf er a support agreement without the Supplier's prior written consent. Any
attempted assignment or transf er without such consent will be v oid. As conditions to such consent; (i) the
assignee or transf eree must agree in writing to the applicable support agreement; (ii) the Supplier may
require that all Equipment included within a support agreement is in good operating condition; and (iii) the
Supplier may impose applicable charges in connection with the assignment or transf er.
(h) If Annual Maintenance and Annual Recertif ication is not promptly undertaken on any item of
Equipment ev ery 12 months in accordance with the Maintenance Protocols f or that Equipment, this may
sev erely af f ect the operability and saf ety of that equipment, and accordingly such item is not saf e f or
any f urther use and the Supplier’s warranty prov ided in respect of the item of Equipment concerned
(under clause 12 below) will be v oid. The Supplier also excludes all liability f or continued use of that item
of Equipment in these circumstances (see clause 14(e) below).
12 Limited Warranty
(a) The Supplier warrants to the Customer that the Equipment is f ree f rom def ects in workmanship and
materials. The Supplier undertakes (subject to the remainder of this clause 11(h)), at its option, to repair or
replace any Equipment (other than consumable items) which is f ound to be def ectiv e as a result of f aulty
materials or workmanship within 12 months f rom the date of deliv ery .
(b) The Supplier shall not in any circumstances be liable f or a breach of the warranty contained in clause
12(a) unless:
(i) the Customer giv es written notice of the def ect to the Supplier within f iv e (5) day s of the time when
the Customer discov ers or ought to hav e discov ered the def ect; and
(ii) af ter receiv ing the notice, the Supplier is giv en the option of testing or inspecting such Equipment at
its current location or mov ing it to the Supplier’s premises, and the Customer shall (if asked to do so by
the Supplier) return such Equipment to the Supplier's place of business (or those of its agents or subcontractor) at the Supplier's cost.
(c) The Supplier shall not in any circumstances be liable f or a breach of the warranty in clause 12(a) if :
(i) the Customer makes any use of Equipment in respect of which it has giv en written notice under clause
12(b)(i); or
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(ii) the def ect has arisen because the Customer f ailed to f ollow the Supplier's oral or written instructions
as to the storage, commissioning, operation or use of the Equipment or (if there are none) good industry
practice; or
(iii) the def ect has arisen as a result of misuse, neglect, accident, mishandling or unauthorised or incorrect
repair or maintenance by any person other than the Supplier, or improper installation, unauthorised
modif ication, or loss or damage in transit; or
(iv ) the serial number to the Equipment concerned has been remov ed, def aced, or changed; or
(v ) the def ect has arisen as a result of any inf ormation, design or any other assistance supplied or
f urnished by the Customer (or a third party on the Customer’s behalf ); or
(v i) the Customer has f ailed to comply with its obligations under clause 11(a) (including the terms of any
Annual Maintenance & Recertif ication Agreement) relating to maintenance of the Equipment concerned.
(d) Insof ar as the Equipment hardware comprises or contains equipment or components which were not
manuf actured or produced by the Supplier, the Customer is entitled only to such warranty as the Supplier
has receiv ed f rom the manuf acturer. The Supplier shall use reasonable endeav ours to transf er the benef it
of such warranty to the Customer.
(e) The warranty contained in clause 12(a) does not guarantee any minimum range or cov erage of the
Equipment or any ancillary equipment.
(f ) If the Supplier repairs or replaces Equipment as a result of any def ect which f alls outside the scope of
the warranty in clause 12(a) then the Customer is responsible f or pay ment of all the Supplier’s associated
costs (including the costs of transportation, inv estigation and replacement parts and labour charges) at
the Supplier’s standard rates at the relev ant time.
(g) Whenev er repairing Equipment the Supplier may , at its option, repair or replace Equipment parts or
sub-assemblies with new or reconditioned parts and sub-assemblies.
(h) The Supplier warrants that any of the Supplier’s own standard Sof tware will substantially conf orm to its
published technical specif ications. Any Sof tware supplied with the Equipment which was not produced by
the Supplier is warranted in accordance with any End User License Agreement issued by the licensor(s) of
that sof tware which is supplied with the Equipment. The Supplier warrants all Sof tware products against
f ailure of programming instructions due to def ects in materials and workmanship when properly installed
and used on the Supplier’s Equipment hardware. The Supplier is not responsible in any way f or ancillary
equipment, hardware or sof tware not supplied by the Supplier which is attached to or used in connection
with the Equipment, or f or the operation of the Equipment with any ancillary equipment, hardware or
sof tware and all such equipment, hardware or sof tware is expressly excluded f rom the Supplier’s
warranty .
(i) Any repaired or replacement Equipment shall be under warranty f or the unexpired portion of the 12
month period ref erred to in clause 12(a).
13 Supplier remedy
(a) If the Supplier's perf ormance of its obligations under the Contract is prev ented or delay ed by any act
or omission of the Customer (other than by reason of a Force Majeure Ev ent under clause 18), the
Customer shall in all circumstances be liable to pay to the Supplier all reasonable costs, charges or losses
sustained by it as a result, subject to the Supplier notif y ing the Customer in writing of any such claim it
might hav e against the Customer in this respect.
14 Limitation of Liability
(a) The f ollowing prov isions set out the entire f inancial liability of the Supplier (including without limitation
any liability f or the acts or omissions of its employ ees, agents and sub-contractors) to the Customer in
respect of :
(i) any breach of the Contract howsoev er arising; and
(ii) any representation, misrepresentation (whether innocent or negligent), statement or tortious act or
omission (including without limitation negligence) arising out of or in connection with the Contract.
(b) All warranties, clauses and other terms implied by statute or common law are excluded f rom the
Contract to the f ullest extent permitted by law.
(c) Nothing in these Conditions excludes or limits the liability of the Supplier f or:
(i) death or personal injury caused by the Supplier's negligence; or
(ii) f raud or f raudulent misrepresentation.
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(d) Subject to clause 14(b) and clause 14(c):
(i) the Supplier shall not in any circumstances be liable, whether in tort (including without limitation f or
negligence or breach of statutory duty howsoev er arising), contract, misrepresentation (whether innocent
or negligent) or otherwise f or:
(i) any loss of rev enue, business, anticipated sav ings or prof it or any loss of use or v alue; or
(ii) downtime costs, loss of data or data restoration costs, or
(iii) any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses;
in each case, ev en if f oreseeable. (“anticipated savings” denotes any expense which the Customer
expected to av oid incurring or to incur in a lesser amount then would otherwise hav e been the case); and
(ii) the Supplier's total liability in contract, tort (including without limitation negligence and breach of
statutory duty howsoev er arising), misrepresentation (whether innocent or negligent), restitution or
otherwise, arising in connection with the perf ormance or contemplated perf ormance of the Contract shall
be limited to the price pay able f or the Equipment (together with, if applicable, the price of any Annual
Maintenance/Support and Annual Recertif ication pay able to the Supplier under the Contract).
(e) Subject to clause 14(c), the Supplier excludes all liability f or any def ects in any item of Equipment if
Annual Maintenance and Annual Recertif ication is not undertaken ev ery 12 months in accordance with the
Maintenance Protocols f or that Equipment, including any resulting personal injury or death to users of that
item of Maintained Equipment.
15 Intellectual Property Rights
(a) Title, ownership, and all Intellectual Property Rights in the Equipment (or any part thereof ) and any
copy , portion, or modif ication thereof , shall not transf er to the Customer and shall remain the Supplier’s
property (or that of the Supplier’s licensors). The Supplier and its licensors retain all right, title and interest
in the Sof tware and no rights are granted to the Customer except as expressly set out in these
Conditions. The Customer shall not at any time make any unauthorised use of such Intellectual Property
Rights, nor authorise or permit any of its agents or contractors or any other person to do so. Third party
licensors may protect their rights in the Sof tware in the ev ent of any v iolation of these Conditions.
(b) The Customer agrees not to copy , modif y , alter, translate, disassemble, or rev erse engineer the
Equipment (including without limitation any embedded Sof tware), or attempt to disable any security
dev ices or codes incorporated in the Equipment, except as permitted by law. The Customer must not
remov e, alter, or obscure any printed or display ed legal notices contained on or in the Equipment.
(c) If the Supplier manuf actures the Equipment, or applies any process to it, in accordance with a
specif ication submitted or prepared by the Customer or any other inf ormation prov ided by the Customer,
the Customer shall indemnif y and keep indemnif ied the Supplier against all losses, damages, costs,
claims, demands, liabilities and expenses (including without limitation consequential losses, loss of prof it
and loss of reputation, and all interest, penalties and legal and other prof essional costs and expenses)
awarded against or incurred by the Supplier in connection with, or paid or agreed to be paid by the Supplier
in settlement of , any claim f or inf ringement of any third party Intellectual Property Rights which results
f rom the Supplier's use of the Customer's specif ication or such other inf ormation. The indemnity shall
apply whether or not the Customer has been negligent or at f ault and does not limit any f urther
compensation rights of the Supplier.
16 Confidentiality and Supplier's Property
(a) The Customer shall keep in strict conf idence all technical or commercial know-how, specif ications,
inv entions, processes or initiativ es which are of a conf idential nature and hav e been disclosed to the
Customer by the Supplier or its agents, and any other conf idential inf ormation concerning the Supplier's
business or its products which the Customer may obtain. The Customer shall restrict disclosure of such
conf idential material to such of its employ ees, agents or sub-contractors as need to know the same f or
the purpose of discharging the Customer's obligations to the Supplier, and shall ensure that such
employ ees, agents or sub-contractors are subject to obligations of conf identiality corresponding to those
which bind the Customer.
(b) All materials, equipment and tools, drawings, specif ications and data supplied by the Supplier to the
Customer shall at all times be and remain the exclusiv e property of the Supplier, but shall be held by the
Customer in saf e custody at its own risk and maintained and kept in good condition by the Customer until
returned to the Supplier, and shall not be disposed of or used other than in accordance with the Supplier's
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written instructions or authorisation.
(c) This clause 16 shall surv iv e termination of the Contract, howev er arising.
17 Termination
(a) Without prejudice to any other right or remedy av ailable to the Supplier, the Supplier may terminate the
Contract or suspend any f urther deliv eries under the Contract without liability to the Customer and, if the
Equipment has been deliv ered but not paid f or, the price shall become immediately due and pay able
notwithstanding any prev ious agreement or arrangement to the contrary if :
(i) the ability of the Customer to accept deliv ery of the Equipment is delay ed, hindered or prev ented by
circumstances bey ond the Customer's reasonable control; or
(ii) an order is made or a resolution is passed f or the winding up of the Customer, or circumstances arise
which entitle a court of competent jurisdiction to make a winding-up order in relation to the Customer; or
(iii) an order is made f or the appointment of an administrator to manage the af f airs, business and property
of the Customer, or documents are f iled with a court of competent jurisdiction f or the appointment of an
administrator of the Customer, or notice of intention to appoint an administrator is giv en by the Customer
or its directors or by a qualif y ing f loating charge holder (as def ined in paragraph 14 of Schedule B1 to the
Insolv ency Act 1986); or
(iv ) a receiv er is appointed of any of the Customer's assets or undertaking, or if circumstances arise
which entitle a court of competent jurisdiction or a creditor to appoint a receiv er or manager of the
Customer, or if any other person takes possession of or sells the Customer's assets; or
(v ) the Customer makes any arrangement or composition with its creditors, or makes an application to a
court of competent jurisdiction f or the protection of its creditors in any way , or becomes bankrupt; or
(v i) the Customer ceases, or threatens to cease, to trade; or
(v ii) the Customer takes or suf f ers any similar or analogous action to any of the f oregoing in any
jurisdiction in consequence of debt.
(b) Termination of the Contract, howev er arising, shall not af f ect or prejudice the accrued rights of the
parties as at termination or the continuation of any prov ision expressly stated to surv iv e or implicitly
surv iv ing termination.
18 Force Majeure
The Supplier reserv es the right to def er the date of deliv ery , or to cancel the Contract or reduce the
amount of Equipment ordered, if it is prev ented f rom or delay ed in carry ing on its business by acts,
ev ents, omissions or accidents bey ond its reasonable control, including without limitation strikes, lockouts or other industrial disputes (whether inv olv ing the workf orce of the Supplier or any other party ),
f ailure of a utility serv ice or transport or telecommunications network, act of God, war, riot, civ il
commotion, malicious damage, compliance with any law or gov ernmental order, rule, regulation or
direction, accident, breakdown of plant or machinery , f ire, f lood, storm or def ault of suppliers or subcontractors (Force Majeure Event).
19 Notices
Any notice required to be giv en pursuant to the Contract shall be in writing and shall be deliv ered by hand
or sent by pre-paid f irst-class post or recorded deliv ery post to the address of the party as set out in
these Conditions, or such other address as may be notif ied by one party to the other. A notice deliv ered
by hand is deemed to hav e been receiv ed when deliv ered (or, if deliv ery is not in business hours, 9.00
am on the f irst business day f ollowing deliv ery ). A correctly addressed notice sent by pre-paid f irst-class
post or recorded deliv ery post shall be deemed to hav e been receiv ed at the time at which it would hav e
been deliv ered in the normal course of post.
20 Miscellaneous
(a) A waiv er of any right under the Contract is only ef f ectiv e if it is in writing and signed by or on behalf
of the waiv ing party , and it applies only to the party to whom the waiv er is addressed and the
circumstances f or which it is giv en.
(b) If any prov ision of these Conditions (or part of a prov ision) is f ound by any court or administrativ e
body of competent jurisdiction to be inv alid, unenf orceable or illegal, the other prov isions shall remain in
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f orce.
(c) Each party acknowledges that, in entering into the Contract and the documents ref erred to in it, it does
not rely on any statement, representation, assurance or warranty (Representation) of any person (whether
a party to the Contract or not) other than as expressly set out in the Contract or those documents.
(d) Each party agrees that the only rights and remedies av ailable to it arising out of or in connection with a
Representation shall be f or breach of contract. Nothing in this clause shall limit or exclude any liability f or
f raud.
(e) The Customer shall not, without the prior written consent of the Supplier, assign, transf er, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract. The
Supplier may at any time assign, transf er, charge, sub-contract or deal in any other manner with all or
any of its rights or obligations under the Contract.
(f ) The Contract is made f or the benef it of the parties to it and (where applicable) their successors and
permitted assigns, and is not intended to benef it, or be enf orceable by , any one else.
(g) The Contract and any disputes or claims arising out of or in connection with it or its subject matter or
f ormation (including without limitation disputes or claims) are gov erned by and construed in accordance
with the law of England. The parties irrev ocably agree that the courts of England hav e exclusiv e
jurisdiction to settle any dispute or claim that arises out of or in connection with the Contract or its subject
matter or f ormation (including without limitation disputes or claims).
Important Note: Contact MRT for the latest terms and conditions or
visit http://mrtsos.com/support/product-registration-and-warranty.
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11 Maintenance Agreement Terms &
Conditions
Annual Maintenance & Re-certification Service Agreement Terms & Conditions
1.
1.1
Definitions & Interpretation
The def initions and rules of interpretation in this clause apply in these Conditions.
Annual Maintenance: the annual programme of Prev entativ e Maintenance & Testing of the
Maintained Equipment to be prov ided under the Maintenance Agreement.
Annual Recertification: annual re-certification of the Maintained Equipment as being in
Good Working Order by us following completion of Annual Maintenance (and any necessary
Correctiv e Maintenance) to be prov ided under the Maintenance Agreement.
Business Day: a day other than a Saturday , Sunday or public holiday in England when banks in
London are open f or business.
Certification Expiry Date: means, in relation to any item of Maintained Equipment, the date of
expiry of the then current Annual Maintenance and Annual Recertif ication certif icate.
Charges: the Standard Annual Charge and Correctiv e Maintenance Charges together.
Commencement Date: the date specif ied in the Maintenance Agreement.
Conditions: these Terms & Conditions.
Confidential Information: all conf idential inf ormation (howev er recorded or preserv ed) disclosed
by a party or its employ ees, of f icers, representativ es, adv isers or subcontractors inv olv ed in the
prov ision or receipt of the serv ices under the Maintenance Agreement, who need to know the
conf idential inf ormation in question (Representatives) to the other party and that party 's
Representativ es in connection with the Maintenance Agreement, which is either labelled as such or
else which should reasonably be considered as conf idential because of its nature and the manner of
its disclosure.
Corrective Maintenance: means:
(a)
making any adjustments to the Maintained Equipment; and
(b)
repairing or replacing any parts or components of the Maintained Equipment,
required to restore any malf unctioning or f ailed Maintained Equipment to Good Working Order.
Corrective Maintenance Fees: the f ees pay able f or the prov ision of any Correctiv e Maintenance,
which are calculated at the Correctiv e Maintenance Rates.
Corrective Maintenance Rates: the rates set out in the Maintenance Agreement, as those rates
are amended f rom time to time in accordance with these Conditions.
Good Industry Practice: in relation to any undertaking and any circumstances, the exercise of
skill, diligence, prudence, f oresight and judgement and the making of any expenditure that would
reasonably be expected f rom a skilled person engaged in the same ty pe of undertaking under the
same or similar circumstances.
Good Working Order: the Maintained Equipment operates in accordance with the Operating
Manuals.
Initial Period: the period of months (commencing on the Commencement Date) specif ied in the
Maintenance Agreement.
Maintained Equipment: the equipment specif ied in the Maintenance Agreement (by ref erence to
the serial number(s) of that equipment).
Maintenance Agreement: the Annual Maintenance & Re-certif ication Serv ice Agreement signed by
y ou and us, which is subject to these Conditions (and any ref erence to the Maintenance Agreement
shall include these Conditions).
Normal Business Hours: 8.30 am to 6.00 pm GMT on a Business Day .
Operating Manuals: all operating manuals, specif ications and other manuf acturer documentation
relating to the Maintained Equipment, including procedures, requirements and protocols f or routine
maintenance, repairs and support of the Maintained Equipment.
Preventative Maintenance & Testing: means:
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1.2
1.3
1.4
1.5
1.6
1.7
2.
2.1
2.2
3.
3.1
4.
4.1
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(c)
phy sical rev iew of the Maintained Equipment;
(d)
phy sical testing that the Maintained Equipment (including battery ) is f unctional; and
(e)
pressure testing of the Maintained Equipment;
(f)
sof tware updates and maintenance; and
(g)
other diagnostic tests we decide are appropriate f or the Maintained Equipment.
Renewal Period: each successiv e 12-month period af ter the Initial Period f or which the
Maintenance Agreement is renewed.
Service Location: our designated serv ice centre where the Annual Maintenance & Annual
Recertif ication (and any Correctiv e Maintenance) will take place.
Standard Annual Charge: the f ees pay able by y ou f or the prov ision of the Annual Maintenance &
Annual Recertif ication, as set out the Maintenance Agreement, as these f ees are v aried f rom time
to time in accordance with these Conditions.
Term: the Initial Period together with all Renewal Periods.
A person includes a natural person, corporate or unincorporated body (whether or not hav ing
separate legal personality ) and that person's legal and personal representativ es, successors and
permitted assigns. A ref erence to a company shall include any company , corporation or other body
corporate, wherev er and howev er incorporated or established.
Unless the context otherwise requires, words in the singular shall include the plural and v ice v ersa,
and a ref erence to one gender shall include a ref erence to the other genders.
A ref erence to a statute or statutory prov ision is a ref erence to it as it is in f orce f or the time being,
taking account of any amendment, extension or re-enactment, and includes any subordinate
legislation f or the time being in f orce made under it.
A ref erence to writing or written includes f axes and e-mail.
Ref erences to clauses are to the clauses of these Conditions. Headings in these Conditions or the
f ront pages of the Maintenance Agreement shall not af f ect the interpretation of the paragraphs or
clauses to which they relate.
Any words f ollowing the terms including, include, in particular or any similar expression will be
construed as illustrativ e and shall not limit the sense of the words, description, def inition, phrase or
term preceding those terms.
Annual Maintenance & Recertification
Each y ear during the Term, we will (subject to these Conditions) prov ide y ou with the Annual
Maintenance and Annual Recertif ication in respect of the Maintained Equipment at our Serv ice
Location. The next Annual Maintenance and Annual Recertif ication must be undertaken on or prior to
the relev ant Certif ication Expiry Date in respect of the last Annual Maintenance and Annual
Recertif ication certif icate f or the item of Maintained Equipment concerned. For these serv ices we
will charge y ou the Standard Annual Charge in accordance with clause 6 below.
If Annual Maintenance and Annual Recertification is not undertaken on any item of
Maintained Equipment in accordance with clause 2.1 on or prior to the relevant Certification
Expiry Date, this will severely affect the operability and safety of that equipment, and
accordingly such item is not safe for any further use. In these circumstances, any warranty
in respect of the item of Maintained Equipment (under the contract between the parties for
supply of the item concerned) will be void, and we exclude all liability for any defects in the
Equipment and the results of any further use of that item of Equipment, including any
personal injury or death caused to users.
Corrective Maintenance
Where we perf orm (or hav e perf ormed) Annual Maintenance & Annual Recertif ication in
circumstances where the Maintained Equipment was not in Good Working Order, we may charge
y ou, and y ou must pay Correctiv e Maintenance Charges in respect of that work, together with the
costs of all spare parts and/or replacements, in accordance with clause 6 below.
Replacements and Spare Parts
In perf orming the Correctiv e Maintenance, we will source all spare parts required to restore the
Maintained Equipment to Good Working Order.
All spare parts and/or replacements we prov ide to y ou will become part of the Maintained
Equipment. All parts and components remov ed f rom the Maintained Equipment by us in the course
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6.
6.1
6.2
6.3
6.4
6.5
6.6
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of perf orming the Correctiv e Maintenance shall no longer constitute part of the Maintained
Equipment and will be our property .
Your Obligations
Y ou must:
(a)
arrange with us f or the prov ision of the Annual Maintenance and Annual Recertif ication
(and any necessary Correctiv e Maintenance) in respect of the Maintained Equipment,
prior to the then current Certif ication Expiry Date f or the Maintained Equipment;
(b)
arrange (at y our own cost) f or transportation of the Maintained Equipment to our
Serv ice Location f or the prov ision of the Annual Maintenance and Annual
Recertif ication (and any necessary Correctiv e Maintenance);
(c)
ensure that the Maintained Equipment is installed and kept in suitable premises and
under suitable conditions, as specif ied in the agreement under which the Maintained
Equipment was supplied (or the Operating Manuals), permit only trained and competent
personnel to use it and f ollow any operating instructions as we may prov ide f rom time
to time;
(d)
notif y us promptly if any Maintained Equipment is discov ered to be operating
incorrectly and not use these items until Correctiv e Maintenance has been undertaken;
(e)
at all reasonable times permit f ull and f ree access to the Maintained Equipment to us,
our employ ees, contractors and agents;
(f)
prov ide us with any inf ormation that is reasonably requested in the perf ormance of the
Annual Maintenance & Annual Recertif ication and the Correctiv e Maintenance;
(g)
not allow any person other than us to maintain, alter, modif y or adjust the Maintained
Equipment without our prior written approv al (excluding any routine adjustment f or use
permitted by the Operating Manuals);
(h)
keep the Maintained Equipment in y our possession and under y our control at all times
(sav e f or any periods during which it is in our possession under the Maintenance
Agreement) and (if we request) notif y us immediately of its location and not remov e it
f rom that location;
(i)
store any reserv e equipment only in conditions approv ed by us, and make this
equipment av ailable f or periodic maintenance, as with all other Maintained Equipment;
and
(j)
only use supplies or materials supplied or approv ed by us (approv al not to be
unreasonably withheld or delay ed).
Charges
For the perf ormance of Annual Maintenance and Annual Recertif ication, y ou must pay us the
Standard Annual Charge.
For the perf ormance of any Correctiv e Maintenance, y ou must pay us Correctiv e Maintenance
Charges.
The Standard Annual Charge is due and pay able by y ou in f ull annually in adv ance, within 30 day s
of receipt of a v alid inv oice f rom us. Any Correctiv e Maintenance Fees are due and pay able
monthly , within 30 day s of receipt of a v alid inv oice f rom us. Any charges f or spare parts are due
within 30 day s of receipt of a v alid inv oice f rom us.
We reserv e the right to charge interest at an annual rate of 5% abov e the base rate of NatWest
Bank plc, calculated on a daily basis in respect of any sum which is due and unpaid, that interest to
run f rom the date on which that sum is due and pay able until receipt by us of the f ull amount,
whether bef ore or af ter judgement.
All Charges are exclusiv e of VAT or any other applicable sales tax, which y ou must pay at the rate
and in the manner f or the time being prescribed by law.
We may , at any time af ter the f irst anniv ersary of the Commencement Date, increase the
Standard Annual Charge and the Correctiv e Maintenance Rates by giv ing y ou not less than three
months written notice, prov ided that:
(a)
the amount of any such increase (by ref erence to the lev el of the Standard Annual
Charge and/or the Correctiv e Maintenance Rates immediately prior to such increase
taking ef f ect) shall not exceed 20%; and
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7.
7.1
7.2
8.
8.1
8.2
8.3
8.4
9.
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(b)
the increases will be no more f requent than once in any 12-month period.
Our Warranties
We warrant to y ou that:
(a)
the Annual Maintenance & Annual Recertif ication and the Correctiv e Maintenance will be
perf ormed:
(i)
by an appropriate number of suitably qualif ied and experienced personnel;
(ii)
using all reasonable skill and care; and
(iii) in accordance with all applicable laws and regulations in f orce f rom time to time.
(b)
all components and equipment supplied or used in the course of the prov ision of the
Correctiv e Maintenance shall operate in accordance with their technical specif ications;
(c)
we hav e f ull capacity and authority and all necessary permissions, licences and
consents necessary to enter into, and perf orm our obligations under, the Maintenance
Agreement and that those signing the Maintenance Agreement are duly authorised to
bind the party f or whom they sign.
Except as expressly stated in these Conditions, all warranties, conditions and terms, whether
express or implied by statute, common law or otherwise (including f itness f or purpose and
suitability ) are hereby excluded to the extent permitted by law.
Liability
Neither party excludes or limits liability to the other party f or:
(a)
f raud or f raudulent misrepresentation;
(b)
death or personal injury caused by negligence; or
(c)
a breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or
section 2 of the Supply of Goods and Serv ices Act 1982.
Subject alway s to clause 8.1, neither party will be liable whether in contract, tort (including f or
negligence and breach of statutory duty ), misrepresentation (whether innocent or negligent),
restitution or otherwise, f or:
(a)
any loss (whether direct or indirect) of prof its, business, rev enue, or goodwill;
(b)
loss or corruption (whether direct or indirect) of data or inf ormation; or
(c)
any special, indirect or consequential loss, costs, damages, charges or expenses
howev er arising under the Maintenance Agreement.
Subject alway s to clause 8.1, each party 's total aggregate liability in contract, tort (including
negligence and breach of statutory duty ), misrepresentation (whether innocent or negligent),
restitution or otherwise, arising in connection with the perf ormance or contemplated perf ormance of
the Maintenance Agreement in any 12-month period (being the 12 month period immediately
preceding the date on which the cause of action f irst arose) will be limited to 200% of the total
Charges paid by y ou to us during that 12-month period.
Subject to clause 8.1, we exclude all liability f or any def ects in any item of Maintained Equipment
af ter the relev ant Certif ication Expiry Date if Annual Maintenance and Annual Recertif ication is not
undertaken in accordance with these Conditions, including any resulting personal injury or death to
users of that item of Maintained Equipment.
Confidentiality
The term Conf idential Inf ormation does not include any inf ormation that:
(a)
is or becomes generally av ailable to the public (other than as a result of disclosure by
the receiv ing party or its Representativ es in breach of this clause);
(b)
was av ailable to the receiv ing party on a non-conf idential basis bef ore disclosure by
the disclosing party ;
(c)
was, is, or becomes, av ailable to the receiv ing party on a non-conf idential basis f rom a
person who, to the receiv ing party 's knowledge, is not bound by a conf identiality
agreement with the disclosing party or otherwise prohibited f rom disclosing the
inf ormation to the receiv ing party ;
(d)
was known to the receiv ing party bef ore the inf ormation was disclosed to it by the
disclosing party ;
(e)
the parties agree in writing is not conf idential or may be disclosed; or
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is dev eloped by or f or the receiv ing party independently of the inf ormation disclosed
by the disclosing party .
9.2 Each party shall keep the other party 's Conf idential Inf ormation conf idential and shall not:
(a)
use any Conf idential Inf ormation except f or the purpose of exercising or perf orming its
rights and obligations under the Maintenance Agreement (Permitted Purpose); or
(b)
disclose any Conf idential Inf ormation in whole or in part to any third party , except as
expressly permitted by this clause.
9.3 A party may disclose the other party 's Conf idential Inf ormation to those of its Representativ es who
need to know that Conf idential Inf ormation f or the Permitted Purpose, prov ided that:
(a)
it inf orms those Representativ es of the conf idential nature of the Conf idential
Inf ormation bef ore disclosure; and
(b)
at all times, it is responsible f or the Representativ es' compliance with the
conf identiality obligations set out in this clause 9.
9.4 A party may disclose Conf idential Inf ormation to the extent required by law, by any gov ernmental
or other regulatory authority , or by a court or other authority of competent jurisdiction prov ided that,
to the extent it is legally permitted to do so, it giv es the other party as much notice of the
disclosure as possible.
9.5 Each party reserv es all rights in its Conf idential Inf ormation. No rights or obligations in respect of a
party 's Conf idential Inf ormation, other than those expressly stated in these Conditions, are granted
to the other party , or are to be implied f rom the Maintenance Agreement.
9.6 The prov isions of this clause 9 shall continue to apply af ter termination of the Maintenance
Agreement.
10. Term and Termination
10.1 The Maintenance Agreement shall commence on the Commencement Date and shall remain in
f orce, unless terminated earlier in accordance with clause 10.2, f or the Initial Period. The Term of
the Maintenance Agreement shall automatically be extended f or a Renewal Period at the end of the
Initial Period and at the end of each Renewal Period, unless a party giv es written notice to the other
party , not later than 60 day s bef ore the end of the Initial Period or the relev ant Renewal Period, to
terminate the Maintenance Agreement.
10.2 Without prejudice to any rights that hav e accrued under the Maintenance Agreement or any of its
rights or remedies, either party may terminate the Maintenance Agreement with immediate ef f ect
by giv ing written notice to the other party if :
(a)
the other party f ails to pay any amount due under the Maintenance Agreement on the
due date f or pay ment and remains in def ault not less than 14 day s af ter being notif ied
in writing to make that pay ment;
(b)
the other party commits a material breach of any material term of the Maintenance
Agreement (other than f ailure to pay any amounts due under the Maintenance
Agreement) and (if that breach is remediable) f ails to remedy that breach within a
period of 30 day s af ter being notif ied in writing to do so;
(c)
the other party :
(i)
suspends, or threatens to suspend, pay ment of its debts;
(ii)
is unable to pay its debts as they f all due or admits inability to pay its debts;
(iii) (being a company ) is deemed unable to pay its debts within the meaning of
section 123 of the Insolv ency Act 1986;
(iv) (being an indiv idual) is deemed either unable to pay its debts or as hav ing no
reasonable prospect of so doing, in either case, within the meaning of section
268 of the Insolv ency Act 1986; or
(v)
(being a partnership) has any partner to whom any of clause 10.2(c)(i) to clause
10.2(c)(iv ) apply .
(d)
the other party commences negotiations with all or any class of its creditors with a
v iew to rescheduling any of its debts, or makes a proposal f or or enters into any
compromise or arrangement with its creditors other than (in the case of a company ) f or
the sole purpose of a scheme f or a solv ent amalgamation of that other party with one
or more other companies or the solv ent reconstruction of that other party ;
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(e)
10.3
10.4
10.5
10.6
11.
a petition is f iled, a notice is giv en, a resolution is passed, or an order is made, f or or in
connection with the winding up of that other party (being a company ) other than f or the
sole purpose of a scheme f or a solv ent amalgamation of that other party with one or
more other companies or the solv ent reconstruction of that other party ;
(f)
an application is made to court, or an order is made, f or the appointment of an
administrator, or if a notice of intention to appoint an administrator is giv en or if an
administrator is appointed, ov er the other party (being a company );
(g)
the holder of a qualif y ing f loating charge ov er the assets of that other party (being a
company ) has become entitled to appoint or has appointed an administrativ e receiv er;
(h)
a person becomes entitled to appoint a receiv er ov er the assets of the other party or a
receiv er is appointed ov er the assets of the other party ;
(i)
a creditor or encumbrancer of the other party attaches or takes possession of , or a
distress, execution, sequestration or other similar process is lev ied or enf orced on or
sued against, the whole or any part of the other party 's assets and that attachment or
process is not discharged within 14 day s;
(j)
any ev ent occurs or proceeding is taken with respect to the other party in any
jurisdiction to which it is subject that has an ef f ect equiv alent or similar to any of the
ev ents mentioned in clause 10.2(c) to 10.2(i) (inclusiv e);
(k)
the other party suspends or ceases, or threatens to suspend or cease, carry ing on all
or a substantial part of its business; or
(l)
there is a change of control of the other party (within the meaning of section 1124 of
the Corporation Tax Act 2010).
Any prov ision of the Maintenance Agreement that expressly or by implication is intended to come
into or continue in f orce on or af ter termination of the Maintenance Agreement shall remain in f ull
f orce and ef f ect.
Termination of the Maintenance Agreement, f or any reason, shall not af f ect the accrued rights,
remedies, obligations or liabilities of the parties existing at termination.
On termination of the Maintenance Agreement f or any reason, each party shall as soon as
reasonably practicable:
(a)
return or destroy (as directed in writing by the other party ) any documents, handbooks,
CD-ROMs or DVDs or other inf ormation prov ided to it by the other party or data f or the
purposes of the Maintenance Agreement, including all documents and materials (and
any copies) containing, ref lecting, incorporating or based on the other party 's
Conf idential Inf ormation;
(b)
delete (to the extent possible) any proprietary sof tware belonging to the other party and
all the other party 's Conf idential Inf ormation f rom its IT network and hard disks or other
storage means associated with any computer equipment owned or controlled by the
other party ;
(c)
return all of the other party 's equipment and materials, f ailing which, the other party
may enter the relev ant premises and take possession of them. Until these are returned
or repossessed, the party remaining in possession is solely responsible f or their saf ekeeping; and
(d)
y ou must immediately pay any outstanding amounts owed to us pursuant to the
Maintenance Agreement.
Regardless of its obligations in this clause 10, if a party is required by any law, regulation, or
gov ernment or regulatory body to retain any documents or materials which it would otherwise be
required to return or destroy under clause 10.5, it shall notif y the other party in writing of that
retention, giv ing details of the documents or materials that it must retain. Clause 9 shall continue to
apply to any retained documents and materials, subject to this clause 10.
Force Majeure
Neither party will be in breach of the Maintenance Agreement nor liable f or delay in perf orming, or
f ailure to perf orm, any of its obligations under the Maintenance Agreement if that delay or f ailure
results f rom ev ents, circumstances or causes bey ond its reasonable control. In these
circumstances the af f ected party is entitled to a reasonable extension of the time f or perf orming its
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13.
14.
15.
16.
16.1
16.2
16.3
16.4
16.5
16.6
16.7
39
obligations, prov ided that, if the period of delay or non-perf ormance continues f or 6 months, the
party not af f ected may terminate the Maintenance Agreement by giv ing 14 day s' written notice to
the other party .
Joint and individual liability
If y ou are a partnership all partners will be liable jointly and indiv idually f or all y our duties under the
Maintenance Agreement (and when “y ou” and similar words are used in the Maintenance Agreement,
they ref er to any of the partners as well as all of them and notice to one partner is good notice to
them all).
Notices
Any notice which has been serv ed under the Maintenance Agreement must be a written notice and
may be personally deliv ered or sent by post, or f ax, or email. A notice will be taken to hav e been
deliv ered on the same date it is sent by f ax or deliv ered by hand, or one Business Day af ter it has
been sent by email, or two day s af ter the date of posting it.
Our rights
If we do not enf orce all of our rights under the Maintenance Agreement, or if we delay in doing so,
we do not giv e up any of these rights or the rights which we hav e if y ou break the Maintenance
Agreement again.
Confidential Information
Neither y ou nor we will, during and af ter termination of the Maintenance Agreement, without the prior
written consent of the other, use or disclose to any other person any inf ormation of the other which
is identif ied as conf idential or which is conf idential by its nature. It is agreed that y ou and we will
upon demand (and on termination of the Maintenance Agreement) surrender to the other all materials
relating to such conf idential inf ormation in its or its personnel's, agents' or representativ es'
possession.
Miscellaneous
The Maintenance Agreement and any dispute or claim arising out of or in connection with it or its
subject matter (including non-contractual disputes) will be gov erned by and construed in accordance
with English law. The parties irrev ocably agree that the courts of England and Wales shall hav e
exclusiv e jurisdiction to settle any dispute or claim that arises out of or in connection with the
Maintenance Agreement or its subject matter (including non-contractual disputes).
The benef its of the Maintenance Agreement will be f reely assignable by us in whole or in part and
we may delegate to any person all or any of the rights, remedies, powers or priv ileges conf erred on
us under it or prov ided by law. The Maintenance Agreement is personal to y ou and accordingly y ou
may not assign, transf er, mortgage, charge, subcontract, declare a trust of or deal in any other
manner with any of y our rights and obligations under the Maintenance Agreement without our prior
written consent (which is not to be unreasonably withheld or delay ed).
If any part of the Maintenance Agreement (including these Conditions) is f ound to be unenf orced
that will not af f ect the rest of the agreement in any way .
By signing the Maintenance Agreement y ou agree that the Contracts (Rights of Third Parties) Act
1999 will not apply .
Y ou and we each acknowledge that, in entering into the Maintenance Agreement, no reliance has
been placed on, and neither y ou nor we will hav e any right or remedy in respect of , any statement,
representation, assurance or warranty (whether made negligently or innocently ) other than as
expressly set out in the Maintenance Agreement. Y ou and we agree that the only liability in respect
of those representations and warranties that are set out in the Maintenance Agreement (whether
made innocently or negligently ) will be f or breach of contract. Nothing in this clause shall limit or
exclude any liability f or f raud or f or f raudulent misrepresentation.
No v ariation of the Maintenance Agreement will be ef f ectiv e unless it is in writing and signed by
both y ou and us (or our authorised representativ es).
No f ailure or delay by a party to exercise any right or remedy prov ided under the Maintenance
Agreement or by law shall constitute a waiv er of that or any other right or remedy , nor shall it
preclude or restrict the f urther exercise of that or any other right or remedy . No single or partial
exercise of any right or remedy shall preclude or restrict the f urther exercise of that or any other
right or remedy .
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16.8 The Maintenance Agreement constitutes the entire agreement between the parties and supersedes
all prev ious discussions, correspondence, negotiations, arrangements, understandings and
agreements between them relating to its subject matter.
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12 Disclaimer
The sMRT AU10 is an emergency rescue transmission device that should
only be activated as a last resort. Misuse or false activation is unlawful and
irresponsible, and could result in prosecution or penalty.
The sMRT AU10 should not be relied on as the only source of man
overboard notification and the vessel owner, operator or master must
exercise common prudence and good seamanship at all times. Use of the
sMRT AU10 in no way reduces liability of the vessel’s master and crew who
have the primary responsibility for safety on board.
No device is 100% fail safe nor can it guarantee safe rescue in an
emergency. When activated, The sMRT AU10 is a dual-operation Maritime
Survivor Locating Device transmitting on the 121.5 MHz search and rescue
(SAR) frequency, while simultaneously transmitting GPS position coordinates on AIS channels AIS1 and AIS2 to equipped vessels or stations
within range, but requires subsequent human interaction to acknowledge
and respond to the distress alert.
Satellite GPS lock and in-water tracking is dependent on the extent of
satellite system coverage and reception at the time and location of the
emergency. The actual time and success of rescue is therefore dependent
on all these contributing factors and as such, is outside the control of MRT.
This user manual contains important information that must be adhered to for
reliable use and operation of the product. It is the owner’s sole responsibility
to make the effort to read this manual and to ensure that the equipment’s
operation and limitations are understood. Visit the MRT website
www.mrtsos.com to download the latest user manuals for all products. MRT
reserves the right to change specifications, equipment, installation and
maintenance instructions without notice as part of the company’s policy of
continuous product development and improvement.
MRT Ltd. © 2014
42
sMRT AU10 User Manual v2.2
13 Trademark Notice
Mobilarm Limited, trading as Marine Rescue Technologies Limited, is the
100% owner of Marine Rescue Technologies Limited in the United Kingdom.
All trademarks owned by Marine Rescue Technologies Limited in the United
Kingdom are therefore owned by Mobilarm Limited.
The absence of a product or service name or logo from those listed does not
constitute a waiver of Mobilarm Limited's trademark or other intellectual
property rights concerning that name or logo.
Other product names mentioned within this document may be trademarks or
registered trademarks, or a trade name of their respective owner. Contact
Marine Rescue Technologies at [email protected] for a copy of our
trademark policy before referencing or using any trademark or product name.
© Marine Rescue Technologies Limited 2012. All rights reserved. No part of
this publication may be transmitted or copied in any form whatsoever with
the express written permission of Marine Rescue Technologies Limited.
MRT Ltd. © 2014
sMRT AU10 User Manual v2.2
14 Technical Specifications
MRT Ltd. © 2014
43
44
sMRT AU10 User Manual v2.2
-L-
Index
-A-
LED indications
15
Low battery indications
Maintenance Agreement
Operation
10
Operational life
Overview
7
18
-CConformity
Declaration of Conformity
Conventions
3
-DDeactivating the device
10
Disarming the device
10
Disclaimer
41
-EEnd of Life Statement
Exclusions
41
-FFCC compliance
Features
8
-GGlossary
GPS test
20
3
18
-RRecertification
18
Registration
crewsafe configurator
introduction
5
5
-SSafety information
Specifications
technical
43
5
-TTechnical Specifications
43
Terms of Sale
23
Testing
15
safety information
5
Trademark notice
4
15
-IIntroduction
21
18
33
-O-
-BBattery replacement
15
-M-
Activating the device
10
Arming the device
10
Audio indications
15
42
-WWarnings
general
5
global positioning system
GPS
5
Warranty
5
22
MRT Ltd. © 2014
Marine Rescue Technologies Ltd.
Marshall House, Zarya Court, Grovehill Road, Beverley
East Riding of Yorkshire, HU17 0JG, United Kingdom
Tel: +44 (0)1482 679 300
[email protected]
www.mrtsos.com