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TERMS &
CONDITIONS
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Mega
Write (hereinafter referred to as "MW" ) will maintain
the specified on terms and conditions mentioned herein below with
the Party hereinafter referred to as USER ::
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DURATION
OF CONTRACT : The contract is initially for a period of
one year commencing from the date (as mentioned on the
contract note and invoice) and shall be renewable at expiry
for a further period unless terminated by either party, as
stipulated hereunder in the termination clause.
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SCOPE
:
(a) Maintenance
Services, restricted to the specified computer system, will
include supply and replacement of parts. Parts so
removed/replaced shall be property of MW.
(b) The maintenance
services will normally be offered between 10.00 a.m. to 05.30
p.m. on all working days except Sundays and public
holidays/barring unforeseen circumstances, any breakdown call
will be attended and fixed within stipulated time.
(c) While setting
the machine right, though MW will take all care as required,
but it will not be held responsible for any loss/damage due to
loss of data in the computer
(d) MW will not be
liable to meet its obligations under the maintenance contract
in the event of any natural calamities (force de majure) as
act of fire, storm, earthquake, explosions, strikes, lockout,
industrial disputes civil commotions, riots, accidents or any
other natural calamity.
(e) MW will not be
liable for any damage/loss which is the results of transfer of
the system by the USER to another location/premises without
the approval of MW or assistance of MW Maintenance Engineer in
this respect. Charges if any leviable by MW for transfer of
the systems to any other place or site on behalf of the USER
will be decided by MW on the basis of the various criteria
involved in effective such a transfer. All such transfer will
be solely at USERS risk and are subject to force de majure
clause.
(f) MW will not be
liable at any time to cover damages under this contract, if
such damages are caused by a third party has made use of the
system, unless an agreement or understanding to this effect
has been made by the USER and MW at the time of entering into
this contract.
(g) MW will
at the beginning of the contract reserves the right to inspect
all the equipment to be covered under this contract. MW also
reserves the right to refuse any equipment as it may deem
unfit to be covered under this contract.
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RENEWAL
: The maintenance contract is to be renewed on or before
the expiry date. Otherwise, MW may at its sole discretion
decide on the renewal of the contract. However before
commencement of the AMC or renewal after some time gap, MW
will ensure to its entire satisfaction, that the system is
fully operational. If the system or its peripherals are not
operational, then it will be the responsibility of the USER to
pay the inspection charges as well as the repairs cost quoted
by MW before the annual maintenance commences
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TERMINATION
: The USER may terminate this contract at any time
informing MW of their intent in terminating. There is no
entitlement for refund of AMC charges of the contract period.
However if the contract is terminated by MW, the AMC charges
will be refunded on pro-rata basis or as advised by the MW
engineers
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CHARGES
: Please Contact
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JURISDICTION
: The contract shall be deemed to have been concluded in
Delhi where it has been signed on behalf of MW and all
obligations herein above shall be deemed to be at the Delhi
and only the courts at Delhi have jurisdiction to the
exclusion of all other courts.
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