Express Telephony

FAULT REPAIR

Subject to the following terms & conditions the Maintainer, Express Telephony Limited  will, as soon as reasonably possible, take all necessary actions to either remedy the fault by repair, or replace all or part of the installation.

The Customer shall, through it’s own designated representative, report any fault in the installation by phoning the telephone number given in the Contract. The Maintainer will respond within a period of 16 working hours by;

 (a) Confirming the service request log number and advising the Customer of that number.

(b) Institute remote diagnostic checks from a site other than the Customer premises.

(c) Provide advice by telephone.

In the event that these actions do not clear the fault, and unless the fault has been diagnosed as, or being due to a software problem, the Maintainer will visit the Customer premises to rectify the fault within the 16 working hour period.

Scope

The fault repair service covers the installation only from the Network Termination Point (as defined in BS6701 Part 1, 1985 as amended from time to time) to the Line Jack Units and no further (unless specifically included in the Maintenance Contract).

Basic charges for repairing faults extends only to faults resulting from malfunction or component failure arising from causes hereinafter specified. In the case of faults resulting from other causes, supplementary charges will be payable. Such causes giving rise to supplementary charges include;- misuse, incorrect environmental conditions including incorrect temperature and humidity levels, manufacture or design faults not rectifiable under manufacturer’s or supplier’s warranty, mains electric surges or failures, damage through lightning, internal flooding, electro magnetic interference, loss of software caused by the customer and any other accidental, negligent or willful damage.

The Maintainer may remove all or part of the installation from the Customer’s premises for the purpose of inspection, testing or repair. The Maintainer is not obliged to provide the repair service at premises other than the installation address specified in the Contract. Where a fault is diagnosed as falling within The Public Switched Telephone Network (PSTN) Operators responsibility, the Maintainer will inform the PSTN Operator as appropriate and will use every endeavor reasonable to expedite rectification at the earliest possible date.

CHARGES

Basic Charges

Basic Charges for each succeeding period of one year after the end of the initial period shall be such sum as the Maintainer shall notify in writing to the Customer not less than 100 days before the end of the initial period, or the end of each succeeding period of one year (as the case may be). When there is to be no change then written notice need not be given.

Supplementary Charges.

The Customer shall pay supplementary charges inter alia,

Where the Maintainer responds to a reported fault and no fault is found to exist, or the fault is not one covered by the Contract.

For all work undertaken outside normal working hours.

Where performance of the Maintainer’s obligations is made more difficult or costly by the breach of the Customer’s obligations under the contract.

Where the Maintainer provides additional wiring or cabling or other equipment where the need for replacement is due to any cause not attributable to the normal operation of the installation.

Where the Maintainer provides consumable items other than initial supplies.

Where the Maintainer provides a replacement for any item other than a part of the telecommunication system which has a finite shelf life and which, at the date of replacement, is not covered by the Manufacturer’s or supplier’s warranty and if the need to replace such item was caused by the Customer’s negligence.

Where the Customer is in breach of it’s obligations.

Where the Maintainer’s obligations are made more difficult or costly as a result of the introduction of legislation or of regulations or of changes to legislation or regulations

PAYMENT

Unless otherwise previously agreed, in writing, and signed by a Director of EXPRESS TELEPHONY LTD, the basic charge in respect of the first year of the initial period shall be paid on or prior to the date of the Contract and unless so paid, the Contract shall be null and void. All subsequent instalments of the basic charge shall be paid on or before the last day of the year of the Contract period immediately preceding the year of the Contract period to which the same relates. 

All supplementary charges under this Contract are payable within 30 days of the invoice being issued.

All charges are subject to VAT at the appropriate rate.

RESPONSIBILITIES OF THE CUSTOMER

The Customer agrees:

To allow  the Maintainer or it’s agents, full convenient and safe access to the installation during working hours and such other hours as may be necessary for the proper performance of the Maintainer’s obligations.

To care for and operate the installation in accordance with the Maintainer’s and or manufacturer’s and or supplier’s instructions as applicable.

Not to repair, adjust or modify the installation or alter the alarm categories threshold of the installation provided that, without prejudice to the terms of the licence under which the Customer operates the systems, the Customer may make configuration changes in accordance with and within the limits specified in the manufacturer’s/supplier’s customer documentation and within the terms of the appropriate apparatus approval under section 22 of the Telecommunications Act 1984. The Customer shall notify the Maintainer of such configuration changes but the Maintainer shall not be entitled to withhold consent.

Not to connect, other than by the Maintainer or with the Maintainer’s consent, any other equipment to the installation.

To take all reasonable precautions to protect the health and safety of the Maintainer’s personnel whilst on the Customer’s premises.

To carry out any diagnostic and test routines supplied by the maintainer or included in the Manufacturer’s instructions and to allow the maintainer to carry out remote diagnostic tests where appropriate (if as a result of the Customer’s failure to do so, the Maintainer has to do additional work, the Maintainer may make an additional charge).

Promptly to carry out all such action in relation to the installation as may be advised by the Maintainer.

CONTRACT PERIOD AND TERMINATION

Subject to the provision for earlier termination, the Contract shall run for the initial period of three years and shall continue thereafter from year to year unless and until terminated by either party giving to the other at least 42 days written notice expiring at the end of the initial period or on any subsequent anniversary of the date of commencement. If the customer purports to terminate the Contract during the Contract period basic charges, the Contract shall nevertheless continue to be payable as if the Contract had continued up to the end of initial period, or if the initial period shall have expired until the next succeeding anniversary of the date of commencement. Either party may terminate the Contract at any time without prejudice to accrued rights by written notice if the other is in breach within 30 days of having received a written notice requiring him to do so or suffer distress or execution or commits any act of bankruptcy or goes into liquidation or enters into an arrangement or composition with creditors or if a receiver is appointed over the whole or any part of his business or assets.

LIABILITIES

Subject to the provisions of the clause, the Maintainer shall indemnify the customer in respect of all damages or injury (including death) to any property or person and against all actions, claims, demands, costs charges and expenses arising in connection therewith occasioned by the negligence of or breach of statutory duty by the Maintainer, it’s employees, sub-contractors or agents but not otherwise.

The Maintainer shall not be liable to the Customer for any loss, damage or injury to the extent that it is caused by or arises from the acts or omissions of the Customer or of others.

The Maintainer shall not be liable in contract, tort or otherwise for any loss, damage or expense arising from any loss of use, failure or deterioration of the installation, or any loss of contracts or business or for any other indirect or consequential loss whatsoever.

Except in respect of personal injury or damage to property conferring on a person other than the Customer a good cause or action against the Maintainer the liability of the Maintainer for any act or default shall not exceed £2,000,000.

Nothing hereinbefore contained shall exclude or restrict the Maintainer’s liability for death or personal injury resulting from the negligence of the Maintainer or it’s employees.

Neither the Maintainer nor the Customer shall be liable for any delay or failure to comply with it’s obligations where the failure is due to any reason of force majeure, including (without limitation) fire, flood, inclement weather, strikes, industrial action, software problems, acts or omissions of the Government or any department thereof or third parties, or introduction of legislation or of regulations or to changes to existing legislation or regulations, or any other reason whatsoever (not necessarily similar to the foregoing) beyond it’s reasonable control.