Marine Rescue Technologies sMRT AU10, Руководство пользователя

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sMRT AU10 User Manual v1.8
MRT Ltd. © 2014
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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 sub-
contractor) 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