Service Agreement
I. Defi nitio n.
ABC shall mean ABC (Chi na) Electr oni cs, Ltd. [Customer; shall mean
the customer n amed in the Agreeme nt; and [Product; shall collective
ly mea n the Equipme nt and Software which ABC and Customer agree to be serviced pursua nt to this Service Agreeme nt. Such Product is listed on the first page of this Agreeme nt.
2. Accepta nee.
The terms and con diti ons set forth on all twelve pages of this
Agreement is an offer to purchase Service by Customer which shall become a Service Agreeme nt whe n ack no wledged in writ ing by ABC;;s Service Department; and the banking, negotiation or other use of any payment shall
not con stitute an accepta nee by ABC. It is agreed that Service shall be provided only on the terms and con diti ons contained in this Agreeme nt.
ABC shall n ot be bound by terms and con diti ons in Customer;;s purchase order or elsewhere uni ess expressly agreed to in writi ng. Both parties to this Agreement agree that upon acceptanee by ABC;;s Service Department, ABC;;s in terest in the Agreeme nt is assig ned to ABC, I nc. (MINC).
3. Service Defined
ABCagrees to provide service for the Customer for the Product listed
on the first page of this Agreeme nt. Such Products shall be serviced
according to the terms and conditions on all twelve pages of this Agreement
(;Service;). The Service shall begi n and end on the dates set forth on the first page of this Agreeme nt. ABC shall also Service other Product manu factured by MINC. or MINC;;s subsidiaries and purchased by customer duri ng the term of this Agreeme nt on the same terms and con diti ons set forth in this Agreement at the then current service fees for such Product. Upon delivery of such other Product to Customer, service fees for Service of such other Product shall be added to the billi ng cycle follow ing
expirati on of the labor warra nty on such other Product .In the eve nt of loss,
damage, theft or removal from Service of any Product, Customer shall immediately report the loss, damage, theft or removal in writing to ABC.
In this eve nt, Customer;;s obligati on to pay service fees with respect to any such Product shall termi nate at the end of the mon th in which ABC receives such writte n report.
Mobile Product shall be removed and rein stalled in differe nt vehicles at Customer;;s request for the service fee in effect at the time of Customer;;s request.
This Agreeme nt does not in clude service of any tran smissi on line, antenna, tower or tower lighti ng, uni ess such work is described on the first page of this Agreeme nt. Service shall in clude the labor and parts required to repair Product which has becomedefective through normal wear and usage. This does not in clude con sumable and their in stallati on.
Service does not in clude the repair or replaceme nt of Product which has otherwise becomedefective, including, but not limited to, damagecaused by accidents, physical or electronic abuse or misuse, acts of God, fires or other casualty. Service performed for non-covered repairs shall be billed at ABC;;s above con tract rate applicable for such Service.
Product un der con tract must be maintained in en vir onmen tal con diti ons as set forth in the Product specifications and damage resulting from en vir onmen tal con diti ons not conforming to the specificati ons is not covered by this Agreeme nt.
Where teleph one lines and Product are used in conj un cti on with ABC mai ntai ned Product, ABC shall have no obligati on or resp on sibility for such telepho ne lines or Product but shall, upon request, assist the Teleph one Compa nyn repairi ng
such upon payme nt at the appropriate above
con tract rate.
Customer shall in dicate on the first page of this Agreeme nt any
Product which is intrinsically safe so that appropriate parts and procedures may be used to maintain such status.
At the expirati on of twelve (12) mon ths after the comme nceme nt of