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Mailcoms Terms & Conditions Of Service & Supply Of Franking Machines

TERMS AND CONDITIONS: The following terms and conditions shall apply to the service set out in the Customer Order & Service Agreement:

1 DEFINITIONS

1.1” the equipment” shall mean the Postal Franking Equipment or Postal Scales specified in the service agreement and/or any continuation sheet or schedule attached to and/or made part of these terms and conditions.

1.2 “the company” shall mean Mailcoms Ltd.

1.3 “POM “shall mean the period of maintenance, which is 9.00am to 5.30pm Monday to Friday excluding Bank Holidays.

1.4 “Service” shall mean preventative and remedial maintenance service during the POM including the adjustment, lubrication and replacement of parts deemed to be necessary by the company. For the avoidance of doubt, unless otherwise stated in the maintenance agreement.

1.5 “the customer” shall mean the customer specified in the maintenance agreement.

1.6 “the site” shall mean the premises referred to in the maintenance agreement.

1.7 Manufacturer” shall mean the manufacturer or manufacturers of the equipment.

2 SCOPE OF MAINTENANCE

2.1 The company agrees to provide service when requested by the customer in respect of the equipments at the site or such other site as may be notified in writing by the customer and accepted by the company.

2.2 The company will provide service while the equipment is operated in accordance with the companies published specifications and any other specifications (publishes or otherwise) applicable thereto by the manufacture.

2.3 Replacement parts will be furnished on an exchange basis when installed by the company and may not be new provided they are equivalent to those in performance. Replaced parts will become the property of the company.

3 TERM

3.1 Service and Support contract shall commence on the acceptance by the company and shall continue until terminated by either party, giving not less than 90 days’ notice in writing before the annual renewal date or 90 days before the end of the minimum period of the contract and / or lease. Upon termination no refunds shall be given for all or part of a support agreement fee terminated within its annual cycle period. Any invoices raised and received during this notice period are payable in full.

3.2 Where 12 Months free maintenance and support are given the customer accepts this agreement must run for a minimum period of 3 years unless a different minimum period is agreed as outlined overleaf.

3.3 Service will only be provided by the company if:

(a) Contract is concurrently in existence for the provision of service.

(b) The customer has fulfilled all its obligations strictly under the terms of contract and in particular (but without prejudice to the generality of the foregoing) has paid all amounts due and outstanding to the company.

4 ROYAL MAIL FRANKING LICENSE

4.1 If the equipment is a Postal Franking Machine the customer agrees to conform to the Royal Mail Franking License Scheme terms and conditions. These can be found at www.royalmail.com/scheme and include:

(a) All Franking Machine machines must be inspected annually by an approved franking machine maintainer / inspector / manufacturer and you must allow access to the machine during normal working hours upon request.

(b) It is the User’s responsibility to ensure that a then current Tariff is at all times loaded onto, or is used in respect of, the Franking Equipment. The failure to use the correct Tariff may render the Franking Equipment inoperable.

(c) The Licence authorises the User to use the specified Franking Equipment at the address shown on the Licence only for the purpose of franking its own business Letters, but not Letters or other mail of any third party. The Licence does not authorise the User to use any other Franking Equipment, for which a separate Licence or Licences must be obtained.

5 SERVICE LIMITATION

Service is contingent upon the proper use of the equipment in accordance with the companies published specifications and the manufactures specifications (whether published or not) and does not (for the avoidance of doubt) include any of the following:

(a) Electrical work external to the equipment or the maintenance of accessories, attachments or other devices not furnished by the company.

(b) Service deemed to be caused by external items such as telephone lines, LAN connections, computer connections, software, networks, etc even though they may be connected to the equipment.

(c) Franking machine ink cartridges and print heads.

(d) Service necessitated by supply items such as ink cartridges and labels not furnished by the company or general service & support where the customer is using ink not supplied by the company.

(e) Assistance with relocation of the equipment.

(f) Service which is unsafe or impractical for the company to render because of alterations in the equipment or its connection by mechanical or electrical means to non company furnished machines or devices

(g) Service on the equipment located in an environment considered in the opinion of the company to be unsafe or hazardous.

(h) Service necessitated by environmental elements external to the equipment.

(I) Service resulting from accident, neglect, alterations, improper use or misuse of the equipment (particularly franking machine print heads or screens) or necessitated by repairs attempted by non-company personnel.

6 RESPONSIBILITY OF THE CUSTOMER

6.1 Throughout the term(s) of any contract for service, the customer shall maintain site conditions (if any) within specifications provided by the company.

6.2 The customer shall allow the company full and free access to the equipment.

6.3 The customer agrees that they must have cover to conform to the terms of the Royal Mail Franking License Agreement by way of either an Annual Service and Support Agreement as detailed overleaf and / or the customer agrees to cover the cost of mandatory postal rate updates and annual inspections.

7 CHARGES

7.1 Charges for service shall commence on the date of the company’s acceptance of any contract for service and shall continue until the end of the minimum period.

7.2 For the avoidance of doubt, the failure of the customer to pay any charges when due shall constitute sufficient cause for the company to suspend or terminate any contract for service.

7.3 Charges are exclusive of Value added tax and any other taxes and charges, which the company may be, required to pay. These will be added at the time of invoice.

8 PAYMENT AND CREDIT

8.1 Invoices raised by the company to the customer are due for payment 30 days from the date of the invoice.

8.2 When payment is made by Direct Debit the customer will be given not less than 14 days notice of their account being debited or as otherwise agreed.

8.3 If the customer fails to make payment when due entirely prejudice to any of the other rights of the company, the customer will in addition pay all a late payment charge of 8% over the Natwest Bank base rate basis, on amounts from time to time outstanding until the date of actual receipt by the company.

8.4 The Company reserves the right to take legal proceedings against any Customer for failing to settle invoices within the due date. The Company will apply an administration fee of £50 + Vat for each claim made through the County Courts. ALL court costs and fees for debt recovery will be also met by the customer and any such fees will be added to the total claim including the administration fee.

8.5 Where the invoice is for a franking machine Premier Support and Service agreement, Mandatory service / inspections or mandatory software / rate updates the Company reserves the right to suspend the Customer’s account and render the equipment inoperable until full payment is received.

9 CONFIDENTIAL INFORMATION

The customer agrees to maintain in confidence and not to disclose, reproduce or copy any materials, documentation or specifications which are provided to the customer hereunder, or which are left by the company on the customer’s premises. The customer shall take all reasonable steps to ensure that’s its employees are bound by the same obligations and that such obligations endure beyond termination of the employment with the company.

10 TERMINATION

The company shall have the right without prejudice to any other remedies at any time by giving notice in writing to the customer to terminate this contract forthwith in any one of the following events:

10.1 If the Customer fails to pay any sums on the due date of payment: or

10.2 If the Customer commits any other breach of any of the terms and conditions of this contract: or

10.3 If the Customer ceases to carry on business or a substantial part of thereof, commits an act of bankruptcy or is adjudicated bankrupt or enters into liquidation where compulsory or voluntary (other than for the purpose of amalgamation or reconstruction) or compounds with its creditors generally or has a receiver or manager appointed over all of its arrears to suffer execution or takes or suffers any similar action consequence or a debt becomes unable to pay its debts as they fall due.

11 LIMITS OF LIABILITY

11.1 Subject to the provisions where applicable of the Unfair Contract Terms Act 1977, all warranties, conditions, guarantees or representations where express or implied by statue or otherwise, hereby excluded.

11.2 If the Company without cause fails to perform the Service the Customer may recover an amount to compensate for any direct physical loss, which is suffered as result of this failure subject to a maximum aggregate liability in any calendar year of the total annual charges paid or payable for the service in question. This compensation does not include the cost of postage if the Customer sources an alternative method to price mail in the event of a franking machine breakdown.

12 NOTICES

All notices to be given under this contract shall be in writing and shall be sent to the respective addresses of the customer and the company set out in the Maintenance Order or at the registered office of the Company to be served.

13 MISCELLANEOUS

13.1 The Company reserves the right to charge for postal rate updates or franking machine re-crediting.

13.2 The Company reserves the right to increase the annual Support and Service fee to cover increased costs and inflation.

13.3 Where an equipment guarantee is given this only applies to the mechanical functions if covered by a ‘Premier’ support agreement. It doesn’t cover against legislation or price structure changes within the Royal Mail.

13.4 The Company follows its own environmental recycling policies and as such some equipment supplied may include some refurbished/remanufactured parts.

13.5 This contract is not assignable by the customer without prior written consent of the company. Any such assignment shall be void.

13.6 The maintenance agreement and the terms and conditions herein contained can only be modified in writing which will be communicated to the contact overleaf.

13.7 The invalidity or unenforceability for any reason of any part of these terms and conditions shall not prejudice the continuation in force of the remainder of the terms and conditions.

13.8 This Contract shall be deemed to have been made in order and shall be constructed pursuant to the laws of England.

13.9 The Customer acknowledges that he has read these terms and conditions and understands and agrees that this Maintenance Order is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of the Contract.

14 ORDER CANCELLATION

If the customer decides to cancel the order prior to delivery then a cancellation fee will be payable of £300.00 + Vat to cover administration and/or licensing costs (in the case of Postal Franking equipment).

15 SALE/OUTRIGHT PURCHASE

Where the customer chooses to purchase equipment outright an invoice will be issued upon receipt of your order and must be paid prior to or on the installation date. If the customer fails to pay within these terms then Mailcoms Ltd reserve the right to suspend your account for postage and supplies until the account is settled in full. All goods supplied must not be moved from the installation site and do not become the customer’s property until full payment is received and cleared.

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