Service Agreement Program Details
1. Upon payment of the Total Invoice and subject to the terms and conditions contained herein, Titan Laminator Company LLC will use commercially reasonable efforts to maintain in good working order the electrical parts, mechanical parts and components of the Equipment.
2. The service agreement includes up to but no more than four service calls per year and free parts that cost $50 MSRP or less.
3. Whenever service is required, Titan Laminator Company LLC will use commercially reasonable efforts to repair the Equipment without charge for labor or parts under $50 MSRP. Titan Laminator Company LLC may use new, used, refurbished, remanufactured, or reconditioned parts when providing such service. Not covered are consumable supply items, including but not limited to laminator heat rollers and major electronic components. Also not covered are parts damaged by the customer through abuse or misuse.
4. All service will be provided during Titan Laminator Company LLC normal business hours, 8:00 A.M. to 4:00 P.M., Monday through Friday.
5. Maintenance hereunder does not include repair of damage resulting from abuse, accident, failure or reduction of electric power, improper installation or storage, improper Equipment operating environment, misuse, neglect, transportation, failure to operate within performance specifications, or failure to operate according to instructions and documentation. If persons or entities other than Titan Laminator Company LLC service personnel shall perform maintenance on or repair the Equipment, and as a result further repair or maintenance by Titan Laminator Company LLC is required to restore the Equipment to good operating condition, any such further repair or maintenance shall be subject to additional charge by Titan Laminator Company LLC in accordance with the prevailing Titan Laminator Company LLC rates.
6. Renewals shall be governed by then prevailing Titan Laminator Company LLC rates unless terminated by either party upon thirty (30) days written notice.
7. If the Equipment becomes obsolete because components to complete the repair are no longer available, Titan Laminator Company LLC will refund the remaining prorated portion of the Agreement to the Customer.
8. All applicable federal, state and local taxes (except taxes based on income) shall be borne by the Customer when and if levied on the services performed hereunder.
9. This Agreement shall constitute the entire agreement between the Customer and Titan Laminator Company LLC irrespective of inconsistent or additional terms and conditions in the Customer’s purchase order or other documentation. Any alteration or additions to the terms and conditions of this Agreement as enumerated and printed herein, shall not be binding on Titan Laminator Company LLC unless the Agreement as altered shall have been approved in writing by an officer of Titan Laminator Company LLC.
10. CUSTOMER AGREES THAT TITAN LAMINATOR COMPANY LLC SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF BUSINESS HOWEVER CAUSED NOTWITHSTANDING ADVICE TO TITAN LAMINATOR COMPANY LLC OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM THE IMPROPER FUNCTIONING OF THE COVERED EQUIPMENT. No action arising out of this Agreement or services performed hereunder may be brought by either party more than one (1) year after the cause of action has accrued.