SOLUTECH ASIA - GENERAL TERMS AND CONDITION RENTAL EQUIPMENTPT Solutech Global Asia _Rev. date 28/09/2022
1. Hardware Support-General Eligibility. SOLUTECH ASIA must guarantee hardware products that are shipped to Lessee/Customer must be in good operating condition, as reasonably determined by SOLUTECH ASIA, to be eligible for placement under support. You must also maintain eligible products at the latest SOLUTECH ASIA specified configuration and revision levels.
2. Use of the Equipment. The equipment is rented out for use in a normal working operations environment under manufacturer operating instruction guide of use. Use of the Equipment in an outside common environment must be approved in writing in advance and agreed by SOLUTECH ASIA.
3. Eligibility. SOLUTECH ASIA’s service, support and warranty commitments do not cover claims resulting from:
- Improper use, site preparation, or site or environmental conditions or other noncompliance with applicable Supporting Material;
- Modifications or improper system maintenance or calibration not performed by SOLUTECH ASIA or authorized by SOLUTECH ASIA;
- Failure or functional limitations of any non-SOLUTECH ASIA software or product impacting systems receiving SOLUTECH ASIA support or service;
- Malware (e.g. virus, worm, etc.) not introduced by SOLUTECH ASIA; or
- Abuse, negligence, accident, fire or water damage, electrical disturbances, transportation by Customer, or other causes beyond SOLUTECH ASIA’s control.
4. Dependencies. SOLUTECH ASIA’s ability to deliver services and support will depend on Lessee/Customer’s reasonable and timely cooperation and the accuracy and completeness of any information given from Customers to SOLUTECH ASIA in order to deliver the services.
5. Service Level Compliance. Rental equipment provided by SOLUTECH ASIA are eligible for technical support if it states or written in purchase order/contract agreement. By default equipment rental is covered by limited-replacement-parts only (no man hour), with next business day and max 4-hour response time.
6. Terms of Payment. Unless otherwise agreed between the Lessee and SOLUTECH ASIA in the Purchase Order/rental contract, the Lessor is entitled to demand a payment on the rent upon conclusion of the rental contract prior to handover of the Equipment of up to the amount of the anticipated final price.
7. Termination. A rental relationship agreed for a definite period of time cannot be terminated by either party. However, SOLUTECH ASIA may terminate the rental relationship without notice for good cause. A good cause is deemed to exist, in particular, if the Lessee fails to pay its rent for more than 30 days for an interval or in the event of the Lessee’s substantial or continued non-compliance with its obligations. In this case, there are no penalties but Lessee are obligated to pay the remaining rent fee until the end of the contract date.
8. Permanent Loss of the Equipment. The Lessee is liable as provided for by law for damage to the Equipment and loss, destruction or theft of the equipment, including equipment parts and accessories, occurring during the rental relationship. The Lessee shall also be liable for its employees and agents, including deployed operating personnel. If the Lessee is responsible for damage to, loss, destruction or theft of the Equipment, it must compensate SOLUTECH ASIA for any damage incurred, such as repair costs, replacement value, consequential damage, such as disposal costs. The Lessee/Customer is liable for any damage caused to the equipment due to incorrect operation procedure under manufacturer guide on the equipment.
9. Use of Proprietary Service Tools. SOLUTECH ASIA may require you to use certain hardware or software systems and network diagnostic and maintenance programs (“Proprietary Service Tools”), as well as certain diagnostic tools that may be included as part of your system. Proprietary Service Tools are and remain the sole and exclusive property of SOLUTECH ASIA, and are provided “as is.” Proprietary Service Tools may reside on your systems or sites. You may only use the Proprietary Service Tools during the applicable Support coverage period and only as allowed by SOLUTECH ASIA and you may not sell, transfer, assign, pledge, or in any way encumber or convey the Proprietary Service Tools. Upon termination of Support, you will return the Proprietary Service Tools or allow SOLUTECH ASIA to remove these Proprietary Service Tools. You will also be required to:
- Allows SOLUTECH ASIA to keep the Proprietary Service Tools resident on your systems or sites, and assist SOLUTECH ASIA in running them;
- Install Proprietary Service Tools, including installation of any required updates and patches;
- Use the electronic data transfer capability to inform SOLUTECH ASIA of events identified by the software;
- If required, purchase SOLUTECH ASIA-specified remote connection hardware for systems with remote diagnosis service; and o Provide remote connectivity through an approved communications line.
- You may not modify, reverse engineer, disassemble, decrypt, decompile or make derivative works of the service tools. If you have a mandatory right to do so under statute, you must inform SOLUTECH ASIA in writing prior to making such modifications
10. Local Availability of Support. Some offerings, features, and coverage (and related products) may not be available in all provinces or areas. In addition, delivery of support outside of the applicable SOLUTECH ASIA coverage areas may be subject to travel charges, longer response times, reduced restoration or repair commitments, and reduced coverage hours.
11. Version Support. Unless otherwise agreed by SOLUTECH ASIA in writing, and for those offerings not delivered by manufacture software, SOLUTECH ASIA only provides support for the current version and the immediately preceding version of manufacture branded software, and provided that manufacture branded software is used with hardware or software included in specific configurations at the specified version level. “Version” means a release of software that contains new features, enhancements, and/or maintenance updates, or for certain software, a collection of revisions packaged into a single entity and, as such, made available to our customers.
12. Relocation and Impact on Support. Relocation of any products under support is your responsibility and is subject to SOLUTECH ASIA availability and fee changes. Reasonable advance notice to SOLUTECH ASIA may be required to begin support after relocation. For products, any relocation is also subject to the license terms for such products.
13. Multi-Vendor Support. SOLUTECH ASIA provides support for almost well known branded products. The relevant data sheet will specify availability and coverage levels and the support will be provided accordingly, whether or not the well-known branded products are under warranty. SOLUTECH ASIA may discontinue support of products if the manufacturer ceases to provide support for them in terms of software/firmware. All changes will be notified and must be under acknowledged by both parties.
14. Site and Product Access. You will provide SOLUTECH ASIA access to the products covered under support; and if applicable, adequate working space and facilities within a reasonable distance of the products; access to and use of information, customer resources, and facilities as reasonably determined necessary by SOLUTECH ASIA to service the products; and other access requirements described in the relevant data sheet. If you fail to provide such access, resulting in SOLUTECH ASIA’s inability to provide support, SOLUTECH ASIA shall be entitled to charge you for the support call at SOLUTECH ASIA’s published service rates. You are responsible for removing any products ineligible for support, as advised by SOLUTECH ASIA, to allow SOLUTECH ASIA to perform support. If delivery of support is made more difficult because of ineligible products, SOLUTECH ASIA will charge you for the extra work at SOLUTECH ASIA’s published service rates.
15. Hardware Support: Compatible Cables and Connectors. You will connect hardware products covered under support with cables and connectors (including fiber optics if applicable) that are compatible with the system, according to the manufacturer’s operating manual.
16. Data Backup. So that you can reconstruct your lost or altered files, data, or programs, you must maintain a separate backup system or procedure that is not dependent on the products under support. You are responsible for properly backup or removing data from products that may be replaced or returned to SOLUTECH ASIA.
17. Temporary Workarounds. If requested by SOLUTECH ASIA, you will implement temporary procedures or workarounds provided by SOLUTECH ASIA while SOLUTECH ASIA works on a permanent solution.
18. Hazardous Environment. You will notify SOLUTECH ASIA if you use products in an environment that poses a potential health or safety hazard to SOLUTECH ASIA employees or subcontractors. SOLUTECH ASIA may require you to maintain such products under SOLUTECH ASIA supervision and may postpone service until you remedy such hazards.
19. Authorized Representative. You will have a representative present when SOLUTECH ASIA provides support at your site.
20. Product List. You will create, maintain and update a list of all products under support including: the location of the products, serial numbers, the SOLUTECH ASIA-designated system identifiers, and coverage levels.
21. Solution Center Designated Callers. You will identify a reasonable number of callers, as determined by SOLUTECH ASIA and Customer (“Designated Callers”), who may access SOLUTECH ASIA’s customer Support call centers (“Solution Centers”) or online help tools
22. Solution Center Caller Qualifications. Designated Callers must be generally knowledgeable and demonstrate technical aptitude in system administration, system management, and, if applicable, network administration and management and diagnostic testing. SOLUTECH ASIA may review and discuss with you any Designated Caller’s experience to determine initial eligibility. If issues arise during a call to the Solution Center that, in SOLUTECH ASIA’s reasonable opinion, may be a result of a Designated Caller’s lack of general experience and training, you may be required to replace that Designated Caller. All Designated Callers must have the proper system identifier as provided to you when Support is initiated. Solution Centers may provide support in English or local languages, or both.
23. Replacement Parts. Parts provided under hardware support may be whole unit replacements, or be new or functionally equivalent to new in performance and reliability and guaranteed in good operating condition. Replaced parts become the property of SOLUTECH ASIA, unless SOLUTECH ASIA agrees otherwise and you pay any applicable charges.
24. Media Sanitization. You are responsible for properly sanitizing or removing data from products that may be replaced or returned to SOLUTECH ASIA as part of the repair process to ensure the safeguarding of your data.
25. Data Protection. To the extent SOLUTECH ASIA processes personal data on your behalf in the course of providing the services, the SOLUTECH ASIA Support Services – not include data protection service, You are responsible for properly sanitizing or removing data from products that may be replaced or returned to SOLUTECH ASIA
26. Audit. SOLUTECH ASIA may audit your compliance with these terms. Upon reasonable notice, SOLUTECH ASIA may conduct an audit during normal business hours (with auditor’s costs being at SOLUTECH ASIA’s expense). If a software license audit reveals underpayments then you will pay to SOLUTECH ASIA such underpayments. If underpayments discovered exceed five percent of the contract price, you will reimburse SOLUTECH ASIA for the auditor costs
27. Others. SOLUTECH ASIA will update terms and conditions and adjust it in order to adapt with current technology and requirement also market need in the time given.