Struers ServiceGuard Terms and Conditions
(Version: 1st January 2017)
The following are Struers ServiceGuard Terms and Conditions (the “Service Terms”) between
Struers’ customer (the “Customer”) and Struers (the entity identified on the Struers ServiceGuard
Service Agreement or in the order/invoice/confirmation) for the equipment described in the Struers
ServiceGuard Service Agreement or in the order/invoice/confirmation. The ServiceGuard Service
will be provided by Struers or one of its affiliates or authorized service providers. Reference to the
“Agreement”
means
the
Struers
ServiceGuard
Service
Agreement
or
the
order/invoice/confirmation for the ServiceGuard service, including these Service Terms. These
Service Terms supplement the Struers Terms and Conditions of Sale, as modified from time to
time, which are incorporated herein by reference. Terms not otherwise defined herein shall have
the meaning ascribed to them in the Struers Terms and Conditions of Sale.
The coverage and service level under these Service Terms depends on whether Customer
selected the “PREVENT Plan” (maintenance only), the “PROTECT Plan” (maintenance + fast
recovery service), or the “PERFORM Plan” (tailor-made service) option, which are collectively
referred to as the “PLANs” and individually referred to as the “PLAN”. The service type, term, and
the covered equipment are set forth in the Agreement. The Agreement only covers the Struers-
branded equipment, as configured at the time of the Agreement.
A.
SERVICES PROVIDED
A.1. Standard Preventive Maintenance Visit
All PLANs are based on Struers Standard Preventive Maintenance visit, which is to be
made every 12 months or after 1,500 hours of operation (whichever comes first). For
heavier usage the visit frequency in the PLAN must be increased
The maintenance visit consists of, but shall not be limited to, general cleaning, inspection
lubrication, replacement of standard wear parts, adjustment of equipment and functional
test. The content of maintenance visits is specified in the service checklist available upon
request for any equipment
A.1.1. General Cleaning and Inspection
Cleaning does not include removal of excessive swarf, lubricant/abrasive build-up,
contamination, etc. resulting from the failure of Customer to perform Struers recommended
daily, weekly and/or monthly maintenance.
Cleaning does not include cooling system or components thereof (coolant tank, pump, filter-
bed, etc.).
Cleaning does not include the internals of the PC (if applicable).
A.1.2. Lubrication
Lubrication includes adding or replacing oil and/or grease to normally serviced areas of the
equipment, as detailed in the relevant service checklist only.
A.1.3. Replacement of Standard Wear Parts
Only wear parts contained in the “Standard Service Kit” specified for the equipment will be
replaced, if required. Standard wear parts are typically belts, seals, gaskets, hoses, etc. A
list of standard wear parts for the specific equipment will be provided upon request.
Any other parts needed to effect repairs and/or complete the service under the relevant
PLAN, or restore the equipment to normal operating parameters will be billed to Customer
at Struers’ then current labor & spare part rates.
No wear parts are fitted under the relevant PLAN for Struers hardness tester equipment.
A.1.4. Basic Inspection, Verification and/or Adjustments
Non-Hardness Tester Equipment
For non-hardness tester equipment, the maintenance service includes equipment
measurement and adjustment of applicable forces, pressures, speeds, etc.
The equipment is technically inspected, evaluated and reviewed. Findings and
recommendations are provided in the service report upon completion of the maintenance
visit.
Hardness Tester Equipment
The maintenance service visit includes measurement and adjustment of applicable forces,
weighting systems, indenter, optical system (excluding camera), internal mechanicals
(excluding PC) etc. as specified in the service checklist.
The hardness tester will only be adjusted or calibrated to achieve correct indirect verification
results on Struers’ test block.
A.1.5. Calibration Certificates
Any adjustments/factory calibrations made will be to “Factory Specification” and will not be
ISO17025 accredited. No certificate of any kind (neither a factory certificate nor an
ISO17025 accredited certificate) is included as standard part of any PLAN.
A.1.6. Functional test
The visit is finalized by a functional test verifying that all functions of the equipment work as
expected.
A.2. PLAN Level Scopes
A.2.1. PREVENT Plan
Under the PREVENT Plan, Struers agrees to perform the specified number of standard
preventative maintenance visits as set forth in the Agreement.
The PREVENT Plan visit is preventive in nature and is not intended to serve as an
emergency corrective action or repair service.
The PREVENT Plan is not an all-inclusive, unlimited “service contract” covering future
equipment failure, service labor, travel labor or replacement parts.
The PREVENT Plan commences on date of invoice and the maintenance visit is scheduled
in Struers’ discretion at any time within the contract period.
If an expedited or emergency service visit is requested, or if additional repairs are requested
before or during the standard maintenance visit, related parts, labor and travel are billed
additionally.
A.2.2. PROTECT Plan
The PROTECT Plan includes the services from the PREVENT Plan, plus a fast recovery
service which covers future equipment failure, service labor, travel and replacement parts.
The PROTECT Plan does not cover:
•
Parts that fail due to lack of daily, weekly, monthly or annual maintenance, as per
Instruction Manual;
•
Parts that fail as a result of abuse, misuse or repairs not authorized by Struers;
•
Parts that fail due to the use of non-Struers consumables.
Any required covered repair can be completed under the PROTECT Plan at a scheduled
time and date in accordance with the Service Level Agreement timeframe, and mutually
agreed upon by both parties.
A.2.3. PERFORM Plan
The PERFORM Plan can include the services from the PROTECT Plan, and further
individually agreed service levels as set forth in the Agreement.
A.3
PLAN Service Warranty
Struers warrants that services performed under the PLANs shall be performed in a
professional manner and that materials used will be free from defects for a period of 1 year
from completion of services. If such services and/or materials fail to meet this warranty,
Struers will, at its sole option and at no charge to Customer, repair or repeat said materials
or repeat said services. The foregoing is contingent upon Struers receiving Customer’s
written notice no later than ten (10) business days from the expiration of the warranty period.
The PLANs and the foregoing warranties do not cover or extend to any equipment, parts or
components in the following situations, or services required as a result of such situations:
•
Damage resulting from accident, modification, misuse, or abuse of the equipment or
component (such as, but not limited to, use of incorrect line voltages, incorrect fuses,
or incompatible, defective or inferior devices, supplies or accessories; improper or
insufficient ventilation; or failure to follow operating instructions);
•
Damage resulting from the use of the equipment or component with non-Struers
products or components not authorized or recommended by Struers;
•
Damage resulting from an act of God (such as but not limited to, inclement weather,
lightning, floods, tornado, earthquakes, and hurricanes) or external causes beyond
Customer‘s control (such as, but not limited to, fire, or failure or fluctuation of electrical
power or air conditioning);
•
The loading of software, software configurations or any data files;
•
The moving of the equipment from one geographic location to another or from one
entity to another;
•
Where Struers determines there is no trouble found (e.g., the problem cannot be re-
created); or
•
Equipment or components serviced or installed by third parties not authorized by
Struers to perform repairs or service.
Parts or components replaced under the PLANs will be furnished on an exchange basis
and the replaced part or component will become the property of Struers.
The warranties set forth herein cover only those services and parts installed by Struers’
employees.
THE WARRANTIES SET FORTH HEREIN ARE GIVEN EXPRESSLY IN LIEU OF ALL
OTHER WARRANTIES. STRUERS MAKES NO OTHER WARRANTIES, EXPRESS OR
IMPLIED,
INCLUDING,
WITHOUT
LIMITATION,
ANY
WARRANTIES
OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
The PLAN does not include replacement of electrodes or disposable items such as
reagents, solutions, paper, etc., which would be consumed during operation of the
equipment. The PLAN also does not cover any Struers accessories unless otherwise
expressly provided for herein.
The PLAN does not cover any hardness tester accessories including the PC, frame grabber,
software license, digital camera, any PC-based software.
Struers reserves the option to hold Customer liable for all service and repair costs, including
labor, travel and parts, caused by Customer’s failure to properly maintain and operate the
equipment as specified in the applicable Struers Instruction Manual or through the
attachment and use of non-Struers products or accessories.
Whenever possible, all maintenance and repairs will be performed at the place of
Customer’s business location. However, Struers reserves the right to remove any
equipment or component covered by the PLAN in order to service the equipment at other
premises.
The PLANs do not apply to equipment returned to Struers’ facilities using procedures other
than those set forth herein, and Struers shall not be responsible for damage caused during
transit of equipment by the carrier.
Struers shall not be responsible for failure or delay in providing services if such failure or
delay results from strikes, labor disputes, accidents, fire, explosions, floods, storms, acts of
God, inability to obtain parts or labor at a commercially reasonable price, or other causes
beyond Struers’ reasonable control.
B.
CUSTOMERS OBLIGATIONS
B.1.
Liabilities
Customer is liable for all charges, including labor, travel and parts, for all repairs not covered
under the PLAN.
Customer is liable for all charges, including labor, travel and parts, for all repairs not
included due to failure to perform recommended daily, weekly, or monthly maintenance, or
due to Customer misuse, abuse, or natural disaster.
Customer shall provide a safe and secure environment for the service technician to perform
the services.
B.2.
Prior Approval
Customer must request written approval from Struers for any equipment covered by this
PLAN that is to be moved from its original site. Unauthorized relocation of any equipment
may void the PLAN.
B.3.
Responsibility for Loss or Damage of Loaner Equipment
The following terms apply if and when loaner equipment (“Loaner”) is provided by Struers:
•
Customer must use the Loaner only in the same regular working conditions applicable
to the original equipment.
•
Customer must handle the Loaner with care and as required for the original equipment
and not modify its look or functionality.
•
Customer must return Loaner at the time the original equipment is returned to
Customer. Otherwise, Struers reserves the right to charge a rental fee at current rate
for each day that the Loaner is late in being returned. Such fee may be waived by
Struers, in its discretion, if Customer provides Struers with advance notice of the delay
and the reason therefore.
•
Customer assumes full responsibility for any and all loss or damage of equipment that
Struers loans to Customer for any reason, not caused by normal use/wear of the
equipment.
B.4.
Limitation of Remedies
Customer’s sole and exclusive remedy and Struers’ entire, collective liability in contract, tort
or otherwise, under this Agreement is the repair of the defective equipment or components
in accordance with this Agreement. If Struers is unable to make such repair, Customer’s
sole and exclusive remedy and Struers’ entire liability will be the payment of actual damages
not to exceed the charge paid by Customer or, if no charge was paid, the then current
published charge for the service under this Agreement. Under no circumstances will Struers
or any of its employees, agents or representatives be liable to Customer or any other person
for any loss or damages on account of its or their activities in connection with a PLAN or
these Service Terms, including, without limitation, loss of profits, loss of use of equipment,
results of use of the equipment, or of any other loss or damages of any kind, including,
without limitation, any indirect, incidental, special, exemplary, punitive or consequential
damages, expenses, cost, profits, lost savings or earnings, lost or corrupted data, or other
liability arising out of or related to this Agreement, or out of the use of, or inability to use the
equipment or any Loaner, or out of the use of any service materials provided hereunder.
This Agreement gives Customer specific legal rights, and Customer may have other rights
that vary depending on Customer’s state or country. Some states or countries do not allow
the exclusion or limitation of incidental or consequential damages or implied warranties, so
the above exclusions may not apply.
C.
UNAUTHORIZED REPAIR, MODIFICATIONS, ETC.
Struers’ obligations under this PLAN and these Service Terms shall be declared null and
void if it is determined that the equipment covered by this PLAN has been modified, altered,
or repaired by others in such a way as to cause an adverse effect upon its reliability or
functionality.
D.
SERVICE SPECIFIC ASSUMPTIONS
Technicians will have free and open access to all necessary areas to complete the service,
and the environment shall be safe and secure.
Parking shall be provided for Struers technicians.
Any delays caused by others that result in the "downtime" of Struers representatives will be
billed per hour, per person, at Struers’ current field service rates. Should the delay cause
the work to be rescheduled, additional expenses incurred by Struers will be invoiced to
Customer. These additional expenses may include, but are not limited to, travel expense,
airfare, parts, and freight, etc.
Struers assumes all work to be performed in a non-labor union environment. Any
discrepancies or delays associated with a labor union environment will be billed as extra
cost if work is delayed.
Performance of the services assumes no special certifications and/or security
clearances/requirements are necessary to accomplish the scope of work under the PLAN.
If required, the costs to obtain these certifications/clearances will be billed to Customer.
Delays in scheduled PLAN service jobs caused by on-site changes to the scope of work
(additional parts, additional labor, etc.) may result in additional charges to Customer.
Struers will remove all trash generated from the services to a Customer provided trash
receptacle.
E.
ACCEPTANCE
All equipment must be in proper working order before it can be placed on a PLAN.
Struers reserves the right to inspect and repair equipment at its then current labor and travel
rates before validating and accepting the equipment to be covered by a PLAN.
F.
STRUERS’ RIGHT TO CANCEL
Struers reserves the right to cancel this Agreement or any PLAN if Struers determines that
it is not economically or commercially feasible to continue with this Agreement or any PLAN
due to equipment obsolescence, lack of spare parts or availability of skill sets, facilities or
tools required to maintain or repair the equipment. In such case, Struers shall provide
Customer with thirty (30) days’ notice of cancellation and shall determine, in its sole
discretion, the equitable adjustment, if any, for Customer’s cost of the cancelled PLAN.
Such adjustment may be a refund for the remaining portion of this Agreement or a credit for
future purchases of new or upgraded Struers products.
G.
ENTIRE AGREEMENT
This Agreement, including the provisions of the Struers Terms and Conditions of Sale that
are incorporated herein and that also cover the rendering of services by Struers, is the entire
agreement between Customer and Struers with respect to its subject matter, and none of
Struers’ employees or agents may orally vary these Service Terms. In the event of a conflict
among the terms, the terms of the PLAN shall take priority, followed by the Service Terms
and then the Struers Terms and Conditions of Sale. The Struers Terms and Condition of
Sale are available upon request or at www.struers.com/Terms-and-Conditions-of-sale.