ART. 1 - PURPOSE
The installer agrees to provide all maintenance services for the equipment described in this contract and hereinafter referred to as the installation. These services are provided during normal working hours and relate exclusively to the hardware and software provided as described in the special conditions of the contract.
ART. 2 - DEFINITIONS
The following definitions apply:
Maintenance includes the diagnosis, location and correction of installation faults as well as the replacement of defective parts.
This excludes any preventive service as well as the costs and services listed in Article 8.
2. Basic system
• The central computer (PC) and its accessories
• CALSYS management software and subsequent upgrades
• CALSYS terminals
• Power supplies excluding emergency batteries
• The various interfaces to other equipment (alarm, etc.)
3. Serious breakdowns
Serious failures are failures that affect the operation of more than 10% of the terminals as long as the failure is in the installation. Minor failures include all other cases.
ART. 3 - MODIFICATIONS TO THE INSTALLATION
Any modification to the installation will be the subject of an amendment to this contract.
When another firm makes a change, the lessee immediately informs the installer. By modification we mean:
Any extension or reduction of the installation
Any movement or relocation
Any partial renewal or any change.
ART. 4 - INTERVENTION PERIOD and MAINTENANCE SCHEDULE
A 24/7 guard service is available to the customer.
After being informed of a fault, the installer undertakes to intervene within the standard deadlines provided below:
Serious breakdowns: within 4 working hours.
Minor breakdowns: within 8 working hours.
The maintenance contract provides for 2 visits per year to the site of the installation.
During the visits, the operation of the call system will be analyzed and any faults will be located and corrected.
The following are also planned: checking the operation of interfaces to other equipment if present in the installation, replacing any defective materials, keeping a maintenance booklet.
The lessee is entitled to free installation of any upgrades to the Calsys management software, with the exception of new additional options; this right can only be exercised at the request of the lessee and during maintenance work.
ART. 5 - DURATION
This contract comes into force on the day it is signed or the day the installation is commissioned.
It is concluded for one year and will then be renewed by tacit agreement from year to year.
ART. 6 - SERVICES
The installer agrees to carry out or have carried out all the work necessary to resolve the faults that have arisen during normal use and with "due care" of the installation.
The installer undertakes to use all means to provide a solution to the fault as soon as possible.
ART. 7 - FEES
For any new installation carried out by the installer, the maintenance fee is reduced by half for the 12 months following the commissioning of the installation.
Royalties will be billed in advance for each period.
During each billing, the amounts of the fees may be adapted according to the evolution of the cost of labor.
The new fee will be calculated according to the following formula:
Pn = Po (0.8 Sn / So + 0.2)
In which :
Po = original royalty
Pn = adapted fee
Io = Index on which the royalty is based
In = Index valid at the time of the revision
The revisions are based on statistics from the general consumer price index published on the site http://statbel.fgov.be/.
Any service not covered by this contract (see article 8) will be the subject of a separate invoice.
If payment is not made within 15 days of the due date, all amounts owed by the lessee will automatically be increased by the debit interest rate, as mentioned in the installer's general conditions.
The non-payment of the royalties on their due date entails the formal notice of the lessee and the cessation of any intervention until payment of the sums due. In addition, article 12 may be applied.
ART. 8 - AT THE CHARGE OF THE LESSEE
The following costs, services and materials are payable by the lessee:
1. External causes:
Costs for restoring to working order and / or renewing equipment that has become defective by external causes such as:
Vibrations, excessive humidity, chemical fumes
Failures or disturbances due to the electrical network or to any other equipment not included in this contract.
Wave or irradiation phenomena
Strikes, fires, storms, theft, force majeure, water damage, floods, natural disasters, etc.
2. Consumable goods:
magnetic or optical media, batteries, accumulators as well as work relating to the replacement of these goods.
3. Royalties and taxes:
Any fees that may be due to public network operators or to any official body.
Any tax whatsoever.
Electric current consumption.
4. External software:
All software that is not manufactured by Electronic Design such as Windows®, Linux, Home +, Care Solutions, etc. operating software.
5. The following services:
Services, apart from serious breakdowns, to be performed at the request of the lessee, outside of normal working hours.
Services relating to the first inspection and, where applicable, to the restoration, when the lessee takes over an existing installation.
Services relating to the modification of the installation made necessary by a public network operator or a service company or prescribed by BIPT and / or national and / or European public authorities.
Services relating to the modification or updating of the installation following external causes or events for which the manufacturer and / or the installer cannot be held responsible.
Services to be performed by the installer following a change in the installation by the lessee or an unauthorized third party.
6. Transport costs:
Transport costs for the equipment returned to the installer for repair.
Costs arising from loss or damage to small equipment during shipment from the user to the installer.
If the costs mentioned in this article 8 are paid by the installer, he will invoice them to the lessee on the basis of the prices and conditions in force on that date.
ART. 9 - ADDITIONAL CONDITIONS
A disturbance of more than 21 days gives the lessee the right to suspend or terminate the contract. The rights of the installer may not be achieved if the use of the installation or part of it becomes unnecessary or impossible for the lessee.
The lessee guarantees the installer access to the installation during normal working hours. He will also provide the installer with all the means necessary to access all parts of the installation.
The installer reserves the right to transfer his rights and obligations under this contract to a third party, also an installer.
The installer only assumes his obligations under this contract to the extent that the interventions are carried out by him or under his control.
The lessee declares that he is the owner of the installation or if he is not, that he is authorized by the owner or the co-ownership to subscribe to this contract.
The accredited installer becomes the owner of any component or equipment taken back during an exchange under this contract.
ART. 10 - RESPONSIBILITIES
The services provided under this contract do not constitute a guarantee of uninterrupted operation of the installation.
Under no circumstances can the installer be held responsible for any financial losses, for example those resulting either from the general malfunction of the system, the recording system or other peripheral equipment, or from their incorrect use.
If the installation uses the contractor's network and / or cabling, the latter guarantees the quality and capacity necessary for the correct functioning of the installation.
ART. 11 - TERMINATION
Each of the parties may terminate the contract at the next expiry date, by giving notice by registered letter no later than three months before this expiry date.
The contract automatically terminates when the installation is permanently decommissioned.
ART. 12 - RESOLUTION
Notwithstanding any legal action for the recovery of sums due, the installer will have the right to unilaterally terminate the contract, to the lessee's fault, by simple registered letter, in the following cases:
• The non-payment of one of the sums due under this contract, seven days after the sending of a registered letter of formal notice, which has remained ineffective;
• Failure to comply with one of the clauses of this contract;• When the lessee is declared in a state of cessation