This document outlines terms for maintenance and support services. Key points include:
1. It defines terms like equipment, location, services, service order, and service entitlement period.
2. It establishes order of precedence among documents and terms.
3. It specifies the scope of services covers maintenance of covered equipment at the agreed location.
4. It details requirements like access to equipment, compliance with instructions, and not allowing third party maintenance without authorization.
5. It specifies terms like service period, renewal, and allows adding equipment to existing service orders.
This document outlines terms for maintenance and support services. Key points include:
1. It defines terms like equipment, location, services, service order, and service entitlement period.
2. It establishes order of precedence among documents and terms.
3. It specifies the scope of services covers maintenance of covered equipment at the agreed location.
4. It details requirements like access to equipment, compliance with instructions, and not allowing third party maintenance without authorization.
5. It specifies terms like service period, renewal, and allows adding equipment to existing service orders.
This document outlines terms for maintenance and support services. Key points include:
1. It defines terms like equipment, location, services, service order, and service entitlement period.
2. It establishes order of precedence among documents and terms.
3. It specifies the scope of services covers maintenance of covered equipment at the agreed location.
4. It details requirements like access to equipment, compliance with instructions, and not allowing third party maintenance without authorization.
5. It specifies terms like service period, renewal, and allows adding equipment to existing service orders.
This document outlines terms for maintenance and support services. Key points include:
1. It defines terms like equipment, location, services, service order, and service entitlement period.
2. It establishes order of precedence among documents and terms.
3. It specifies the scope of services covers maintenance of covered equipment at the agreed location.
4. It details requirements like access to equipment, compliance with instructions, and not allowing third party maintenance without authorization.
5. It specifies terms like service period, renewal, and allows adding equipment to existing service orders.
1. Definitions order) shall apply, even if the same have not
1.1 Capitalized terms shall have the following been expressly rejected. meaning : 3. Scope of the Services 3.1 Barco undertakes to carry out the Services has acknowledged the Service Order under within the agreed Scope in respect of the these terms. Equipment. any day which is 3.2 In case Customer does not control the not a Saturday, Sunday or public holiday in the Equipment (e.g. the Service Order is issued for the benefit of an end user), Customer is excluding national and local holidays observed entitled to procure the Services for the benefit by Barco. of the end user operating such Equipment, provided that Customer (i) remains solely esk liable towards Barco under the Service Order; support, is a reference to predefined hours (as and (ii) shall account for any deviations in defined on the Barco Helpdesk website) in the terms or entitlement between these Terms and on a the terms separately agreed between Business Day. Customer and its customers. 3.3 Any services outside the agreed Scope shall be entity ordering the the subject matter of a new Service Offer, and Services under these terms. be governed by the terms of the relating shall mean the equipment and/or Service Order. software designed, created, or manufactured 3.4 During the term of a Service Order, the by Barco and set forth in the Service Offer. Equipment list may be amended by adding additional Equipment. It is however understood shall mean the location where the that ongoing Services: Equipment is installed as per the Service Offer. i) cannot be reduced in scope or of the Services is determined in the downgraded in service level except after relevant Service Offer, and excludes events expiration of their applicable term; stated in article 7.2. ii) can only be enlarged in scope or upgraded in service level after mutual agreement between the Parties. service entitlement pursuant to a Service Offer. 4. Term of the Services 4.1 Service Orders shall be accepted for the period Service Offer reference to the Barco document confirming the covered Equipment, 4.2 The Service entitlement shall commence on the applicable service levels, service period and date set out in the Service Offer (or such later other business parameters agreed to by Barco, date set pursuant to article 6) for the which is integrated herein by reference. committed service period confirmed in the Service Order Service Order. the Services under these Terms, as 4.3 The Service entitlement shall not automatically acknowledged by Barco, and which shall be renew, unless and until a new Service Offer is subject to these Terms. issued and a new Service Order is acknowledged. is a reference to these Maintenance and Support terms, including the product 5. Requirements specific terms included in the relevant Service 5.1 Barco requires Order, the Barco documents included herein (i) free, safe and full access to the Equipment and therein by reference, as well as the and to the Location, for Barco or its dedicated relevant Service Order implementing all of service partner (if field serviced); (ii) packing such terms. and shipping of defective Equipment to the
instructions (if depot serviced), and, (iii) at
2. Order of Precedence 2.1 The order of precedence shall be as follows: support (including without limitation i) the present Terms ii) the terms of manpower, tools, equipment, utilities, and iii) the terms of the Service Order communication lines). whereby the higher ranked document shall 5.2 Except in case of emergency, with regard to prevail over the lower ranked document in normal operation/use of the Equipment, or for case of contradiction, inconsistency and/or the purpose of complying with the instructions discrepancy. Apart from such contradictions, given by Barco under article 5.3 below, the these documents shall apply in addition to each Equipment may not be altered, maintained or other. repaired by any party other than Barco or a 2.2 No other (general) terms and conditions of Barco service partner, who is trained and either party (e.g. as referred to in a purchase certified by Barco to perform the Services hereunder.
Controlled document LRC-TE-0055
Maintenance and Support Terms 5.3 Barco requires that, in-between the periodical with article 6.2 and 6.3 below, especially if no maintenance visits under these Terms, any Barco service contract has been in place prior instructions given by Barco for keeping the to the starting date of the Service Order. Equipment in good working condition are 6.2 Barco may request to receive input/proof complied with. regarding the use, operation, processes and/or 5.4 If the Equipment fails or works unsatisfactorily, the good working condition of the Equipment Barco shall be informed thereof as soon as and/or needs to be allowed to have an on-site possible in writing in accordance with article 8 examination of the same hereof. the Preliminary Audit reveals 5.5 Barco requires that proper safety precautions unsatisfactory results or the Equipment not are implemented at the Location. If any being in good working condition, Barco at its service personnel needs to comply with specific discretion may require from Customer that : safety measures, Customer shall ensure that i) The Equipment is being restored to good such requirements are communicated to the working condition, which services may be Barco personnel or any Barco authorized third charged to Customer by Barco; party visiting the Location reasonably ii) The Equipment is only being operated and beforehand. maintained by personnel that is properly 5.6 Barco shall be advised in writing of all changes trained (including regarding the use, to the Location and/or the installation of which operation and keeping the Equipment in the Equipment is a part and/or the conditions good working condition); of use thereof in order to allow Barco to iii) There are (or are being put in place) perform the Services. procedures regarding the correct use, Where such changes impede Barco in operation and/or keeping the Equipment in performing the Services, Barco shall be entitled good working condition; and/or to an appropriate revision to the terms and/or iv) Expenses resulting from an unsatisfactory conditions of the Service Offer and/or these Preliminary Audit shall be charged to Terms (including without limitation the charges Customer separately on the basis of payable hereunder), failing which the relevant Service Order(s) may be terminated in the time. accordance with article 12. 6.3 Barco shall advise Customer in writing if, as a 5.7 On request, Barco shall be supplied with copies result of the Preliminary Audit, it appears that of any available technical documentation the Equipment cannot be restored to good (including drawings, descriptions, schedules working condition or performance in and instructions) reasonably required to accordance with the documentation. In such facilitate the performance of the Services. Such case, or if Customer elects not to have the documentation shall at all times remain the Equipment restored, Barco shall have no property of the respective owner and shall not obligation to perform the Services, nor shall be used by Barco otherwise than for the Barco incur any liability or refund obligation as purpose of these Terms. a result thereof and the relating Service Order 5.8 Customer shall keep Barco informed of any shall be deemed terminated. legislation, regulation and particular requirements (and any updates thereof) 7. Exclusions applicable to the Location in respect of the 7.1 Barco shall undertake the Services only if and provision of Services by Barco and/or its to the extent the Equipment has been at all authorized third party under these Terms, and times "normally used" for the intended purpose will provide Barco with all necessary assistance and operated in strict accordance with the with respect to compliance with the legislation operating instructions. For the purpose of and obtaining of all requisite approvals for the these Terms, "normally used" shall mean performance of the Services. regular, ordinary and routine usage of the 5.9 Customer shall keep Barco, its personnel and Equipment as intended and/or recommended agents fully indemnified against any loss of or by Barco. damage to any property or injury to or death 7.2 Repair or damage arising from any of the of any person caused by any negligent act or following shall in any case be explicitly omission or breach of these Terms by excluded from the Scope of the Services : Customer, its employees, agents or servants, i) if services are required as a result of an and shall pay to Barco all reasonable costs, accident, negligence (such as, but not charges and losses sustained or incurred by limited to, removing or deleting system Barco as a result of Barco being prevented or files or licensed software product files), delayed from performing its obligations under misuse, circuit failure, or any change or these Terms by reason of any act or omission damage due to fire, water, thunder or of Customer, its employees, agents or lightning, power failure or fluctuation, servants, or any end user on whose behalf the disruption of communication lines or due to Services are procured. force majeure, or any reason foreign to the Equipment; or 6. Preliminary Audit ii) if services are required as a result of 6.1 As a condition precedent for the Services to normal wear and tear or degradation of the become effective, (i) Barco may require Equipment; or Customer to register the Equipment, if and iii) if the Equipment and/or software, or part thereof, is maintained, repaired or changed based on the tools made available by Barco in by a non-certified or non-authorised this respect and (ii) Customer must allow individual. Any attempt to do so also falls Barco to audit the Equipment, in accordance under this exclusion; or