SUMMARY OF COVER
The Printer Repair Gold Contract is offered with a NEXT BUSINESS WORKING DAY response level; calls logged by 4pm will be responded to by 5pm on the following working day.
Requests for a service call should be sent by email to service@thermalprintersupport.com or by telephone to 01527 523242. Please note the contract reference number will be required when placing service call requests.
The Printer Repair Gold Contract includes:
- All engineers travel time to and from site for all visits
- Labour charges as required to assess and fit required parts. Fitting of printheads and platen rollers is not included and will be invoiced separately.
- The cost and supply of all non-consumable parts* (as defined below)
- As many visits as required throughout the contract period
- Telephone technical support for all issues
*Non-Consumable parts
These include all parts other than high wear items that wear during normal use such as the print head, platen and pinch rollers (high wear items are classed as consumable parts and are not included). Where high wear items are required these will be invoiced separately by TPS.
The Printer Repair Gold Contract does not include:
- Printer repairs due to malicious damage or operator misuse*
*Call outs for malicious damage or operator misuse will still be responded to within the agreed response timeframe but charges will be applied (usual call out and per hour fee) for time spent on site and the parts will be charged for as required. A quotation will be given before these types of repairs are undertaken.
Cover for Printer Options / Accessories (if ordered) – Cutters / ODV units / External Rewinders
Cover is based on the engineer assessing and evaluating any issues with options and accessories such as cutters, ODV units and external label rewinders. Repairs would be covered for any serviceable parts such as gears, cables, motors and sensors but not for any unserviceable parts such as sealed ODV units. Cutter blades are also not covered as these are high wear consumables and need replacing after a certain amount of use.
Obsolete / Legacy printer models
Obsolete/legacy models refer to printers that are no longer supported by the printer manufacturer. We can still offer support for these printers but parts will be sourced and supplied on a best endeavours basis. The status of printers covered under a contract will be included on the contract.
Payment terms
Printer Repair Gold Contracts are paid in advance for the twelve month period. However, sites with 6 or more printers can be invoiced on a twelve month period but paid for on a quarterly basis.
TERMS AND CONDITIONS OF BUSINESS MAINTENANCE AND REPAIR
- General
Thermal Printer Support Limited will maintain and repair the equipment as defined overleaf at the printer location shown subject to the terms of this contract. - Definitions
In these conditions the following expressions shall have the following meanings: “TPS” shall mean Thermal Printer Support Limited, whose registered office is set out above. “THE CUSTOMER” shall mean the party specified above. “THE EQUIPMENT” shall mean those items specified above under the heading “Equipment Covered”. “PRINTER LOCATION” shall mean the end user address shown above, where the equipment is situated. “MONTH” shall mean calendar month. - Jurisdiction
This contract is governed by English law and the parties submit to the non-exclusive jurisdiction of the English High Court. - Services Provided
TPS will for the duration of this contract perform the following using reasonable skill in and about the provision of services designated.
a) Use its best endeavours to provide a response to logged service calls in accordance with the response code specified in the above.
b) Carry out any preventative maintenance that TPS shall deem necessary to keep the equipment in working order.
c) Repair or at its option either exchange with appropriate parts any part or parts of the equipment which become unserviceable in normal use and if exchanged the replaced part will become TPS’s property and the replacing part will become part of the equipment.
d) Chargeable parts remain the property of TPS until paid in FULL. - Services Not Provided
None of the following are included in the services provided:
a) Any remedial maintenance repair or reconditioning necessitated by accident, neglect, misuse or default of either the customer or any third party or any cause whatsoever save for the negligence of TPS its servant(s) or agent(s). TPS will at the request and expense of the customer effect repair to the equipment arising from any cause (other than the negligence of TPS) having first submitted to the customer an estimate of the cost thereof.
b) Correction of faulty operation due to the customer’s operator’s error.
c) Maintenance service or repair made necessary by any fault occurring in any equipment not specified in the Hardware Maintenance Schedule or any amendment thereof.
d) Changes and/or alteration by the customer in the specification of the equipment.
e) Repair or renewal of consumable items such as, but not limited to, removable storage media, batteries, print heads, platen rollers, ink ribbons and floppy disks or of painting and finish of the equipment.
f) Electrical work external to the equipment, or maintenance of any addition to the equipment, save as included in any amended Hardware Maintenance Schedule.
g) Refurbishment or reconditioning required due to the equipment having exceeded the manufacturer’s usage. - Term
a) Contracts shall come into effect on the commencement date shown above and subject as hereinafter contained shall continue in force (unless terminated earlier under clause 11) for a period of one year and thereafter unless and until terminated by either party giving to the other one calendar month prior notice in writing. Contracts cancelled before the end of the contract term, or after 28 days from the beginning of the contract period, will be liable to the full cost of the contract (unless otherwise agreed by both parties).
b) Parts and Labour Vouchers and Labour Only Vouchers are valid from the date of issue and have no expiry date. - Charges
a) Maintenance charges due under this contract are payable annually in advance first on the commencement date shown above and thereafter on each subsequent anniversary and in all other cases within 30 days of the date of any invoice rendered by TPS to the customer.
b) Should the customer fail to pay any of the charges when it is due TPS shall be entitled at its option (a) to withhold performance of any or all of TPS’s obligations without prejudice to the rights of either party to this contract against the other in respect of any previous breach and/or (b) to charge interest on the outstanding amounts at 3% above the base lending rate of the National Westminster Bank from time to time or (c) to terminate the contract. If TPS has exercised its rights under (a) above and subsequently the charges are paid in full and TPS is requested by the customer to resume its maintenance of the equipment TPS reserves the right to require the equipment to be overhauled at the customer’s expense before any recommencement of maintenance service and also reserves the right to charge interest and/or terminate the contract.
c) TPS may by one calendar month’s notice in writing given to the customer vary the amount of the maintenance charges from time to time in respect of any or all of the equipment provided that such variation will not be made more than once in any one year of this contract.
d) Maintenance services provided by TPS outside the times of the agreed response time incurred at the customer’s request will be charged at TPS’s then current rates which the customer is deemed to accept. - Customer’s Obligations
The customer shall:
a) Carry out any minor maintenance stipulated or instructions given by TPS from time to time and operate the equipment at all times in accordance with the equipment manufacturer’s handbook.
b) Insure that an adequate supply of electricity is available for the correct operation of the equipment and take reasonable care to ensure that this does not become affected by other equipment on the same circuit.
c) Immediately notify TPS of any fault or abnormal functioning of the equipment.
d) Operate, use and generally treat the equipment in a prudent and proper manner and avoid any activity in the vicinity of the equipment which could be prejudicial to the correct functioning of the equipment and ensure that the area surrounding the equipment is kept clean and tidy.
e) Not allow any person except as nominated by TPS to maintain or repair the equipment during the period of this Contract.
f) Notify TPS in advance in writing if equipment is to be removed from the building where it is normally and usually kept specifying the date upon which such removal is to take place and the address to which the said equipment is to be taken.
g) Allow TPS’s representative full and free access to the equipment within the times detailed in the response time and at any other time when repairs and service are necessary.
h) Provide all operating materials including consumables necessary for the normal operation testing and maintenance of the equipment. - Force Majeure
Neither party shall be liable for any failure to perform any of its obligations under this contract for a reason beyond its reasonable control such as for example strike or other industrial action, war, armed conflict, riot, civil disorder, fire, flood, lightning, earthquake or any other natural disaster. - Limitation of Liability
a) TPS shall use reasonable skill in and about the provision of any maintenance and servicing of the equipment.
b) Except as expressly provided by clause (a) above TPS shall be under no duty of care to the customer in tort contract statutory duty or otherwise and for the avoidance of doubt it is recorded that TPS is not engaged in providing general consultancy services to its customers and accepts no responsibility for any loss which the customer may sustain as a result of its acting on any advice given or opinion expressed by TPS or its employees.
c) While TPS takes every reasonable care to ensure the quality and promptness of the maintenance and repair provided TPS shall not be liable for any loss of profits, business anticipated, savings or other financial indirect or consequential loss whatever arising out of any delay or failure in the performance of its obligations under this contract.
d) TPS shall not be liable for any loss of profits, business anticipated, savings or other financial indirect or consequential loss whatever arising out of the failure of the customer to adhere to the provision of clause 8.
e) Without prejudice to the remainder of this clause 10 the liability of TPS for any personal injury or death (as defined in section 2 of the Unfair Contract Terms Act 1977) resulting from its negligence shall not be excluded or restricted. - Termination
a) Without prejudice to any rights or remedies which each party may have against the other hereunder each party shall be entitled by notice in writing to the other to terminate this contract if the other party shall either:
(i) Commit or allow to be committed any breach of the terms of this contract to be performed and observed by it if and such breach be capable or remedy shall not be so remedied within thirty days of notice in writing thereof; or
(ii) become insolvent or have a Receiver or Manager appointed of all or any part of its assets or undertaking or shall go into liquidation (save for the purposes of amalgamation or reconstruction) or make a composition with its creditors.
b) In the event of 11(a) (ii) above either party may at its option give notice offering the Liquidator, Administrator or Receiver or other person in whom the other party’s interest under the contract has become vested the opportunity of assuming the benefits and burden of the contract subject to his providing to the reasonable satisfaction of the party giving notice a guarantee or other form of assurance of the due performance of that party’s obligations under the contract. - Assignment
This contract may not be assigned by either party without the prior consent in writing of the other party. - Notices
Any notice to be served under this contract shall be in writing and may be served upon the party to which it is addressed at its registered office address or in the case of a party other than a registered company its principal place of business either by delivering it or posting it recorded delivery or by facsimile transmission or telex. - Amendment and Waiver
a) This contract constitutes the entire agreement between the parties.
b) No amendment to it shall bind the parties unless in writing and signed by the duly authorised representatives of both parties.
c) No failure by either party to enforce its rights or pursue any remedy under this contract shall be taken as a waiver of such rights or remedy.