Maintenance Contract Terms & Conditions
Printware Maintenance Contract Terms & Conditions
All machines (the "Product(s)") sold by Printware (the "Company")
are warranted by the manufacturer against faulty materials or workmanship under normal use
for the period prescribed by the Manufacturer as set out in the documentation and/or User
Manual which accompanied the Product(s) on delivery from the date of delivery as evidenced
by the sales invoice or other proof of purchase (the "Manufacturer's Warranty").
This document acts as proof of purchase of further maintenance services for the Product(s)
after expiry of the Manufacturer's Warranty (the "Maintenance Contract") and provides
further maintenance to the Product from the maintenance start date as agreed between the
parties and as set out in the maintenance certificate.
Under the Maintenance Contract the Product(s) are warranted by the manufacturer and/or
the Company against faulty materials or workmanship under normal use from the date and for
the period both as set out in the maintenance certificate (the "Maintenance Period")
as evidenced by this Maintenance Contract.
The Maintenance Contract may (at the Customer's option) be effective from the date of
expiry of the Manufacturer's Warranty or as a stand-alone Maintenance Contract for the
Product(s). The start date of the maintenance services can not be backdated to cover any
faults relating to the Product(s) which occurred outside the Maintenance Period and/or prior
to the commencement of the Maintenance Contract. The Customer acknowledges that the
Product(s) shall only be eligible for maintenance services when all previously existing
faults have been repaired. It is the Customer's sole responsibility for identifying any
previously existing faults and/or performance deficiencies to the Product(s) prior to
entering into this Maintenance Contract and the Company shall have no liability in
The Customer acknowledges that the Maintenance Contract may be sub-contracted to the
Company's authorised Distributor/Agent.
The Customer acknowledges that all commitments to stated response times are on a best
endeavours basis, and in no way guaranteed.
The Manufacturer's Warranty can be extended with either the manufacturer or another
Conditions of the Maintenance Contract
Unless otherwise agreed in writing by the Company the Maintenance Contract applies to
the original registered purchaser or user of the Product (the "Customer") and this
Maintenance Contract only covers defects that occur to the Product during the Maintenance
Period. Defects that occur to the Product during normal usage will, at the sole discretion
of the Company, be replaced or repaired free of charge during the Maintenance Period or
have parts replaced free of charge, including parts and labour, provided that:
- the Customer notifies the Company within the Maintenance Period of any defect
and provides evidence of the date of purchase of the Product, this Maintenance
Contract (together with the invoice showing purchase of the Maintenance Contract)
and the Product Serial Number;
- unless otherwise agreed permits the Company or the Company's authorised
Distributor/Agent onto the Customer's premises to carry out any necessary inspection
of the Product(s) and/or repairs;
- all inspections and/or repairs are carried out by the Company or the Company's
- the Product has been used for its intended purpose and in accordance with the
User Manual which accompanied the Product(s) on delivery. In the event that a User
Manual did not accompany the Product(s) on delivery and/or the Customer has lost such
User Manual the Customer shall obtain and/or replace such User Manual from the Company,
manufacturer or other supplier;
- the Product has not been used for third party hire purposes by the Customer;
- the defect is not due to use of the Product on any incorrect voltage or due to
an accident (whether in transit or otherwise) misuse, neglect, alterations by the
Customer, or damaged by accident, natural calamity, fire, flood or abnormal conditions
of operation or handling;
- repairs to the Product have not been effected or attempted other than by the
Company or the Company's authorised Distributor/Agent;
- the Product has not been damaged by change, modification or use of the Product or
its components which in the sole judgement of the Company affects the performance,
stability or purpose for which it was manufactured.
- The Maintenance Contract does not extend to any repairs to any damage and/or
malfunction of the Product caused by the use of consumables:
9.1. not supplied by the Company or the Company's authorised Distributor/Agent;
9.2. not manufactured by the manufacturer of the Product; and/or
9.3. which the Company has expressly stated shall not be compatible with the
The Customer acknowledges that in the case of solid ink printers any maintenance
services claimed and/or costs related to print head damage caused by the use of
incorrect consumables as set out in clause 9 above should be pursued by the Customer
from the ink supplier and/or manufacturer. Any and all costs incurred by the Company or
the Company's authorised Distributor/Agent under Clause 9 shall be invoiced to the
Customer at the Company's then current rates.
In addition to the above, this Maintenance Contract does not apply in respect of:
(i) failure of attachments or parts not sold or authorised by the Company;
(ii) service, maintenance or adjustments including but not limited to cleaning; and
(iii) normal wearing or consumable items.
- For 4+8 (12 working hour fix) and 8+8 (16 working hour fix) contracts then a loan
machine may need to be provided. Pages printed on any loan machine provided in relation
to the contract, that is not the same model as the customers machine, will be charged
to the customer at a cost of 20 pence per page for A4 prints, and 40 pence per page for
A3 prints (colour machines) and 10 pence per page for A4 prints, and 20 pence per page
for A3 prints (mono machines). The number of pages chargeable will be based on machine
meter readings taken at the point of installation and decommission. The charge per page
covers the cost of consumables (as described by the manufacturer) usage in the loan
printer for the duration of its use, and the customer will incur no other associated
costs. Where the same model is provided as a loan, the customer will be responsible
for providing all necessary consumables.
Normal operating conditions require that the Product(s) be maintained, serviced and
operated in accordance with the Company's schedules and instructions. The Customer
should refer to and follow the operating guidelines set out in the User Manual which
accompanied the Product(s) on delivery or as is otherwise available from the
Manufacturer and/or supplier of the Product.
The Maintenance Contract obligations of the Company are limited to the cost of parts
and labour in relation to defects in materials and workmanship in the Product(s). All
potential Maintenance Contract claims shall first be notified to the Company by
telephone on 0800 393 381. The Customer must provide the serial number of the Product
and have a copy of the Maintenance Contract available at the time of such call. No
claim or purported claim by the Customer shall be effective unless such information is
provided at the time of making the potential Maintenance Contract claim.
If the Company determines in its sole judgement that any Product's failure was
caused by accident, misuse, alteration, neglect, accident, natural calamity or abnormal
condition of operation or handling; the Company or its authorised Distributor/Agent
will provide a repair estimate and obtain authorisation from the Customer prior to
The Customer shall co-operate with the Company and/or the Company's authorised
Distributor/Agent in order to permit the remedial services to be performed in suitable
working conditions. In addition the Company and/or the Company's authorised
Distributor/Agent shall use its reasonable endeavours to provide a Helpdesk facility.
This Maintenance Contract shall be paid for in advance and fixed for a minimum initial
term of one year (the "Initial Term") and continue annually thereafter as set out in the
maintenance certificate. The Customer may terminate this Maintenance Contract on 90 days
prior written notice to the Company. The Customer shall be credited for any unused months
of the Maintenance Contract provided the Customer will not be entitled on termination to
receive any rebate of any money paid by him in relation to the Initial Term.
To the extent authorised by law, this Maintenance Contract is the Customer's sole and
exclusive remedy and is in lieu of all other warranties, express or implied, including
but not limited to any implied warranty of merchantability or fitness for a particular
purpose and the Company shall not be liable for any special, indirect, incidental or
consequential damages or losses whether arising from breach of warranty or based on
contract, tort, reliance or any other theory. If any provision of this Maintenance
Contract is held invalid or unenforceable by a court of competent jurisdiction, such
holding will not affect the validity or enforceability of any other provision of
This Maintenance Contract is not transferable without the written consent of the Company.
THIS MAINTENANCE CONTRACT SHALL NOT AFFECT THE CUSTOMER'S STATUTORY RIGHTS.
IN ALL MATTERS THE DECISION OF THE COMPANY IS FINAL.
In the event of a claim or should any queries please contact:
- Customer Services Department
- Apogee Corporation Limited
- Shore House
- North Harbour Business Park
- Compass Road
- PO6 4PR
Printware is a registered trademark of the Apogee Corporation Limited.
- Tel: 033 566 8123
- Registered in England No 2853595
4 hour response, 09.00 -17.30, Monday - Friday. Annual Maintenance Contract
With best endeavours, a Printware authorised engineer on site within 4 working hours
of call being placed with Printware customer care. Includes all parts and labour required
to maintain user's printer to manufacturer's specification. Service excludes consumables
and service related thereto. Cover excludes UK Bank Holidays.
8 hour response, 09.00 -17.30. Monday- Friday. Annual Maintenance Contract
With best endeavours, a Printware authorised engineer on site within 8 working hours of
call being placed with Printware customer care. Includes all parts and labour required to
maintain users printer to manufacturers specification. Service excludes consumables and
service related thereto. Cover excludes UK Bank Holidays.
4 + 8 (12 working hour fix) & 8+8 (16 working hour fix), both Monday- Friday. Annual
Response time is as the 4-hour & 8-hour above, however Printware ensure that the user's
printer is either made operable or a functionally equivalent loan provided within the agreed
fix time. Note: This service is restricted to selected model
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