Download Sample Agreement - LNL Printers for Schools

(i) Credit you on a pro rata basis for the remaining Commitment of the Commitment Period at the time of cancellation
(ii) Invoice you for any prints for pages over your Commitment at the price per page relating to the Commitment Period as detailed in the
Schedule.
17. Termination
If you shall during the continuance of this Agreement:(a) make default for seven days of the due date of any payment under this Agreement, whether previous demand shall have been made by us
or not; or
(b) commit any act of bankruptcy or to have a receiving order made against you being a company subject to a winding up order or shall make
any arrangement with your creditors, or commit or in our reasonable opinion be likely to commit any other act of insolvency; or
(c) have any distress or exclusion levied on your property; or
(d) fail to observe or perform any of the other terms and conditions of this Agreement or shall have misrepresented any of the facts in the
Schedule
then We shall be at liberty by notice in writing forthwith to terminate the Agreement..
18. Maintenance and Cleaning
Normal user maintenance and cleaning as described in the applicable user manual is not covered by this Agreement and as such is chargeable.
19. Response Time
We will make commercially reasonable efforts to respond to requests determined to require an on-site visit. Response times may differ between
products and geography.
20. Installation / Re-Installation
Product installation is not covered under the terms of this Agreement. Upon request from you, we will supervise product relocation, including deinstallation, crating, un-crating and reinstallation, or perform other associated services at the then current per-call chargeable service rates.
21. Agreement End and Further Usage
At the end of the Agreement by cancellation, termination or any other means permitted under the terms of this Agreement, you will accept
responsibility for the safe storage and return at your cost to ourselves of any consumable or hardware items supplied for your use under this
Agreement. At the end of the Agreement you also agree to allow us access to remove any software supplied under this Agreement from your
system and make no further use under any license keys and product codes we have supplied. You will also agree not to, and take all reasonable
measures to prevent, any other party or individual from making further use of this equipment and software unless it is expressly agreed by
ourselves in writing.
22. Agents
We reserve the right to appoint third parties to act as our agents or sub-contractors in performance of our service obligations under this Agreement.
All references herein to us shall be deemed to include our agents or sub-contractors.
23. Invoices and Payment
You agree to pay Us:(a) without previous demand, so long as the Agreement shall continue, the amounts of the fixed charges specified in the Schedule before or
upon the dates therein set out; and
(b) any charge relating to excess usage as specified in the Schedule, such amount to be invoiced separately to you under our standard terms
and conditions of sale.
(c) Upon termination of this or at the end of this Agreement, you shall pay to us any amount due under any of the terms of this Agreement and
any of our reasonable costs in enforcing the provisions of this Agreement.
The sending of money by post shall be at your sole risk.
24. Taxes
Any taxes imposed on us or which we have a duty to collect in connection with service of any products will appear as separate items on your
invoice. If you are exempt from any such charges, it is your responsibility to supply us with evidence of such exemption.
25. Indemnity
We shall indemnify and hold you harmless from and against any claim of injury to person (including death) or damage to property caused by or
arising out of the negligent or wrongful acts or omissions of us, our agents or employees while on your premises.
26. Limitation of Liability
Subject to Clause 25 above, we exclude all warranties, conditions and other terms, express or implied, by statute or otherwise, including but not
limited to reasonable skill and care and timeliness of performance. Save where prescriptive laws provide for a higher minimum figure, our liability
for all claims arising out of the provision of services under this Agreement shall be limited to the annual cost of the services provided under this
Agreement.
27. Data
You agree that product service parameter and usage rate data may be retained by us and our agents, sub-contractors, or employees for service
costing, reliability enhancement and service marketing analysis purposes. All parties will comply with all applicable data protection and privacy
legislation and regulations in any relevant jurisdiction.
28. Confidentiality
We recognise that during the performance of the service hereunder, we, our sub-contractors, agents or employees, may be exposed to information
of a confidential nature relating your business or developments. We agree to hold such information in confidence for you to the same extent you
provide for our information and not to disclose such information to any other person or organisation without our prior written consent.
29. Notices
All notices required or authorised by these terms and conditions shall be given in writing and shall be deemed effective 3(Three) days after posting
or Email or fax transmission, as appropriate. Notices to you shall be sent to the address shown in the Schedule. Notices to you shall be sent to the
office your employee designated as responsible for service in the country where the equipment is located.
30. Entire Agreement
This document, any customer agreement and any purchase order accepted by you in accordance with these terms and conditions shall contain the
entire agreement between the parties with regard to the subject. All prior agreements and all prior negotiations relating to the same subject are
superseded by this document. No contract formed hereunder may be modified except by written amendment signed by an authorised
representative of each party.
31. Waiver
The failure of either party to enforce at any time any provision of these terms and conditions shall not be construed as a waiver of such provision or
the right thereafter to enforce each and every provision. No waiver by either party, either express or implied, of any other breach of any of these
terms and conditions shall be construed as a waiver of any other breach of such term or condition.
32. Assignment
Subject to Clause 25, you may not assign or otherwise transfer its rights or obligations hereunder without our prior written consent. No attempt to
assign or transfer in contravention of this provision shall be binding upon us.
33. Governing Law
This Agreement shall be governed in accordance with the laws of the country in which the equipment is located.
34. Legal Costs
If litigation or collection is commenced to enforce any provision of this Agreement, the prevailing party shall be entitled to recover reasonable costs,
including legal fees and collection costs.
N.B. Paragraphs are numbered for ease of reference only and shall not affect the interpretation of this Agreement.
LNL Print Services Limited,
Registered in England and Wales No 5023402
The Courtyard, Rear of Ivy House, 14 Station Road, Hutton Cranswick, DRIFFIELD East Yorkshire. YO25 9QZ.
LPS/PSURE2012.9.4
© LNL Print Services Limited 2012