Texair Accuracy Ltd. TEXAIR - Paragliding Accuracy Competition AMD System Equipment Service Contract Agreement

Transcription

1 TEXAIR - Paragliding Accuracy Competition AMD System Equipment Service Contract Agreement The Purpose of this contract is to provide you with the peace of mind to know that your equipment will be given a detailed inspection and complete system service each year or on request. This document is a contract and is produced in English; the official language of the United Kingdom of Great Britain and is agreed and signed in accordance with English Law. This or any other (all) agreements shall be made and take effect as a contract made in England and in accordance with the laws of England, wherein; the End User being made up of duly elected members as an official body hereby submits to the authority of the High Court of Justice in England. All formal document transfers will be made by courier or by electronic mail, the transfer of documents for consideration will be confirmed by courier tracking and recipient signature for the document package or in the case of electronic mail being used, receipt of all listed documents which must be confirmed to the correspondent as received to be considered as a valid delivery of any such documents. So that there may be no confusion, all electronic mail communications must list in the body of the text a brief description of each document attached for consideration. All other future communications may be by electronic mail or by telephone; all telephone communications must be confirmed by electronic mail within 24 hours., the company providing the services described above, hereafter called Texair to the End User. The Scope of Services means the detailed description of all services, items of equipment and sundry AMD System components supplied by Texair to the End User. Liability Texair will not accept liability for any loss or consequential damage arising from damage or loss of equipment in any circumstances. This contract is entered by and between Texair (First Party) and End User (Second Party.) This document is the defining contractual statement which sets out the obligations of both Texair and the End User. Website Draft Copy - End User PGA Services and Maintenance Contract 01/03/2018 Page 1

2 The term of Contract shall begin on ********* and shall continue through to its termination date of ********. The specific terms of this Contract are as follows: Texair will provide the following Scope of Services to the End User as detailed in Section A below; Section A Overview - 1. Provide a full inspection and testing of all PGA Competition AMD System equipment, 2. Publish a video record of the equipment, 3. Act as a Shipping Agent to arrange return shipping transportation, 4. Provide a secure storage facility for the PGA Competition AMD System, 5. Replace any consumable items and make repairs to the Equipment as required, 6. Provide and install agreed software updates, 7. Provide an annual anemometer certificate of calibration, 8. Online system maintenance advice or software management support, 9. Provide an annual landing pad assessment, 10. Provide an emergency equipment support and shipping facility. Detailed description of services 1. Texair will provide the necessary technical servicing and maintenance for the Competition AMD System as a complete entity including the Competition AMD system, WindCheck2 + Mast and Guy lines, Wind Speed display, Laptop, Printer, Batteries, Chargers, all included cables and the Transit Case, where included in the original sale to the End User.. Each component will receive a visual inspection to ensure there is no external damage followed by a comprehensive electronic test to confirm it is fully functional in all respects. a. Provide an equipment inspection report which will list all faults or damage to the equipment noted by Texair or as reported by the End User which will require remedial intervention. b. Accidental or in use damage occurring to any Texair supplied equipment will be repaired by Texair on an at cost basis. c. Equipment requiring external agency support for repair such as the Laptop, Printer, Wind Vane or Anemometer will be invoiced at cost plus shipping charges as appropriate. d. Texair will issue invoices as required to the End User. 2. Provide and publish on YouTube a video record, made the day before return shipping, showing the PGA Competition AMD System to be in a fully functioning condition with the date and time of the recording as proof of equipment serviceability. Website Draft Copy - End User PGA Services and Maintenance Contract 01/03/2018 Page 2

3 3. Act as a Shipping Agent to organise return shipping transport, this will include the resourcing of a suitable courier who is able to provide a door to door outwards and return shipping service with fully UK compliant export and local import customs clearance facilities. a. Texair will provide a complete package of administrative support to facilitate all aspects of equipment transportation, b. Texair will be available to manage the physical collection and return delivery of the PGA Competition AMD System on the dates as negotiated. 4. Provide a secure storage facility at our business premises while the equipment is being serviced, a suitable insurance policy amendment to cover the equipment whilst in storage will be provided, this facility will be secure and have the benefit of 24-hour availability. 5. Replace any consumable items, such as printer ink cartridges and paper stocks, so that the system is fully serviced with suitable consumable supplies. 6. Provide and install Competition Manager software updates, following the annual C.I.V.L. plenary meeting, if it is apparent that a software update is required, and such update is requested by the End User. Texair will ascertain the cost s involved and provide a Quotation for consideration, if the quotation is approved, Texair will endeavour to make any adjustments to the software so that the modifications are in effect before return shipping. 7. Provide an annual anemometer Certificate of Calibration, this will entail our shipping the anemometer back to the OEM in USA for servicing and calibration. Texair will arrange fully insured courier transportation for the equipment for both outwards and the return journey. N.B. This process will take approximately 4 weeks and will require coordination between the End User and Texair to ensure there is no disruption to services. 8. During a competition event, provide online technical support and advice to the Judging Team for all supplied equipment and software for the duration of the competition. Texair will be available for the duration of the event to supply online or telephone support. 9. Provide a detailed annual landing pad inspection which will determine if the landing pads need to be refurbished to maintain the outwards appearance in a satisfactory condition commensurate with equipment presentation for competition events. Texair will assess each landing pad and provide photographic evidence to demonstrate the required intervention. 10. Texair reserve the right to provide any other equipment by means of an Emergency Equipment Shipping facility or other services as deemed necessary by Texair for the successful management of a competition event. Website Draft Copy - End User PGA Services and Maintenance Contract 01/03/2018 Page 3

4 a. In the case where an item of equipment is damaged and becomes unserviceable during a competition event, Texair will endeavor to ship replacement items of equipment by the most expedient / fastest means possible. b. Texair will present End User with supporting invoices for all necessary equipment and transportation costs. The Second Party ( End User ) covenants and agrees that it shall; 1. Provide at least 15 working days formal written warning by electronic mail to Texair so that the equipment inspection and return transportation may be arranged in a timely manner. 2. Pay the return shipping invoice at least 5 days prior to the outwards shipping date. 3. Pay all invoices for any Competition AMD System maintenance or services as rendered within a 2-day period from the issue date as shown on the invoice. a. Replace on an at cost basis all Texair supplied consumable items such as ink cartridges or printing paper as used during the event. b. Replace on an at cost basis any items of equipment from the Competition AMD System which have been damaged and repaired or replaced by Texair. Prior to repairs or replacement being made, any damaged equipment will be notified to the End User in writing by means of the Equipment Inspection Report, consumable items will be replenished with New for Old without need of consultation.. 5. Texair will notify the End User in writing of any proposed changes to this contract and any changes will be subject to agreement by both parties before coming into effect under this contract. 6. At the start of each year, during January or February, dates to be confirmed and these dates are subject to agreement, the End User will pay for the recovering of any Accuracy landing pads which require intervention to prolong their working lifespan or renewal if so advised and agreed. 6.1 The cost for recovering of a 2CM DC landing pad will be and if the landing pad is unworthy of repair, (as determined by Texair) a full replacement cost will be The cost for recovering of the 1.4m Control landing pad will be and if the landing pad is unworthy of repair, (as determined by Texair) a full replacement cost will be If the End User landing pads are in a satisfactory condition for the next season as determined by Texair, no further action will be required. Website Draft Copy - End User PGA Services and Maintenance Contract 01/03/2018 Page 4

5 7. The End User hereby agrees that Texair Accuracy Limited will be the sole supplier of all accuracy landing and wind speed / direction automatic measuring device s or competitor landing performance recording equipment for use at all C.I.V.L. approved Paragliding Accuracy events for the duration of this contract. Texair will provide these services for a maximum of four (4) servicing events in each calendar year. The End User agrees, that, in addition to any event specific invoice for damaged equipment, pay the sum of per servicing event, in advance, for the services as described above. Additional servicing events may be accommodated by Texair if sufficient notice is provided to enable Texair to provide the Services listed above; Sufficient notice will be not less than 15 working days prior to the outwards shipping date. If, Texair agree to providing the services as detailed above for this additional competition event in the calendar year, our fee for each additional service will be The End User will pay all shipping charges immediately on receipt of the Texair return shipping invoice. This contract may not be modified in any manner unless in writing and signed by both parties. This document constitutes the entire agreement between the parties. This document is a contract and is produced in English; the official language of the United Kingdom of Great Britain and will be agreed and signed in accordance with English Law. FINAL ITEM Website Draft Copy - End User PGA Services and Maintenance Contract 01/03/2018 Page 5

6 This or any other (all) agreements shall be made and take effect as a contract made in England and in accordance with the laws of England and the signatories hereby submit to the authority of the High Court of Justice in England. Signed by Signed by John Andrew Houston ***************** For and on behalf of For and on behalf of Texair Accuracy Limited. End User 44 Sheens Meadow Fédération Aéronautique Internationale Newnham Maison du Sport International Gloucestershire Av. de Rhodanie 54 GL14 1BP CH-1007 England Lausanne Switzerland. Date of signature **/**/**** Date of signature **/**/**** Website Draft Copy - End User PGA Services and Maintenance Contract 01/03/2018 Page 6