Terms and Conditions of Annual Maintenance Contract with Metalex Cryogenics Ltd
Period of Validity
This contract shall commence from the date of realization of Demand Draft/ Cheque drawn in favour of Metalex Process Equipments (I) Pvt. Ltd. payable at par and shall remain in force for one year, on that day it will cease
Scope of contract
The scope of this contract shall include
- Service charges for service rendered to attend to 4 breakdowns during the Annual Maintenance Contract (AMC) validity year.
- Preventive maintenance attendance (twice a year)- the first to commence immediately after signing the contract and the second after 6 months on the first visit.
- The cost of traveling and conveyance of the engineer will be at actual.
- Lodging will be provided by customer.
No Claim Bonus
The customer shall be eligible to receive a No Claim Bonus of 10% of the annual service charges paid, if there has been no call to attend any breakdown from the customer during the validity of the contract.
Intimation of Breakdown
In the event of a breakdown, the customer shall inform Metalex in writing, the fault observed in the machine. On receipt of written information
of the breakdown, Metalex shall depute their service engineer within a maximum period of three working days from the date of the receipt of correct
information of the breakdown. However, for remote places, this will be maximum of seven days.
Liability of the customer.
- The customer shall make the machine available to the engineer of Metalex without any delay for attending to the breakdown, failing which our daily service charges will be applicable for the idle time of our engineer.
- The customer shall provide to the engineer of Metalex normal assistance by making available to him suitable skilled and unskilled personnel in order to
expedite the completion of repairs. The customer shall brief our service engineer preferably in writing, regarding the exact nature of the problem,
any specific condition in which it is occurring, if the problem is intermittent in nature. This will enable our service engineer to complete his work smoothly.
- The customer shall take all the necessary care in the operation and upkeep of the machine with the help of periodical maintenance given in the operational Manual provided with the machine.
- The customer shall take appropriate care of cleanliness of the machine.
Exclusion from the Scope of contract
- This contract does not cover repairs, replacement of any parts, assemblies. The customer will make the payments for the spare parts separately purchased from authorized dealers or directly from company.
- The scope of the contract does not cover trouble-shooting of tooling, system and application related problems.
- The contract does not cover any damage because accidents due to operational mistakes, negligence, improper upkeep to the machine and supply voltage conditions and improper working of the various equipments of the refrigeration system. The discretion of deciding the reasons for such damages rests with Metalex.
- The scope of the contract does not include training of personnel or operations or application aspects.
- The service contract does not cover the shifting of the machine from one place to another or repairing of any damages incurred thereof.
- Metalex shall not be liable to render services under this contract, if there is any tampering with the machine or repairs of the machine by any unauthorized service agent other than Metacomp India. If such tampering is observed, Metalex service engineer will be the sole judge to decide whether the system is tempered with or not.
- Spares/consumables stock is to be maintained by the customer. Metalex will give a list of the same for the customer reference on request.
- Any damage caused by natural hazards such as floods, fire, accidents, abnormal voltage fluctuations other than those specified in the Operation and Maintenance Manual, electrical short circuits, strikes labour unrest, civil
- commotion, enemy action, acts of God, wear and tear shall be excluded from the scope of the contract and Metalex shall,
- in no way, be liable to repair the system, replace parts or render free services.
- In the maintenance contract, all spares remain excluded i.e. spares are not covered in the scope of the contract. Metalex will not be responsible for any delay arising due to non-availability of spares at the customer’s end.
- In case of a critical problem where as senior engineer’s visit from the company is require, it will be charged separately and it cannot be covered under the scope of this contract.
All disputes and differences arising between the customer and Metalex in relation to this contract be settled under the provision of Arbitration act. 1940 or any modifications or re-enactment thereof for the time being in force and shall be subject to the jurisdiction of courts in Pune Only For Metalex Cryogenics Ltd.