1. DURATION
The Customer agrees, subject to satisfactory service by Sanokil, to accept a twenty four (24) month service Agreement for all services commencing on the date of installation of merchandise. Renewal will be automatic for a further twelve (12) months from the anniversary date, unless either party gives the other written notice of termination at least thirty (30) days before the end of the current contract term. The Customer may terminate this Agreement during the initial term or any renewal term for deficiencies in performance by Sanokil by informing Sanokil in writing advising the nature of such deficiencies. Then allowing a period of thirty (30) days, for Sanokil to correct the described complaints to the satisfaction of the Customer. Should Sanokil fail to remedy such previously advised deficiencies by due time, then the Customer may terminate this Agreement by giving written explanation of why it believes Sanokil has failed to correct the deficiencies previously advised.
2. PRICE
Prices are subject to the application of Federal or State Tax Legislation as and when enacted. Sanokil agrees not to increase the prices during the first year of this Agreement but reserves the right to alter the prices thereafter.
3. TERMS OF PAYMENT
Fees are payable by the Customer to Sanokil, annually, 6 monthly, quarterly or monthly in advance in respect of the services, the use of equipment and consumable in accordance with this Agreement. The fees are based on the frequency of the services and the equipment and consumables to be provided allowing for set up costs, materials and equipment costs, service support and administration costs (“service costs”). In the event of late payment Sanokil, may suspend the service or terminate this Agreement and the Customer shall be liable for any collection costs by Sanokil or its appointed agents. Where payment to Sanokil is due by the date on the invoice.
4. SERVICE
This Agreement signifies the Customer’s willingness to receive and facilitate the service listed. All goods and service shall be provided by Sanokil as agreed on the initial contract or varied by Agreement with Sanokil during the term of the contract during normal business hours. All items may be serviced only by Sanokil. No credit will be allowed for alteration of delivery times due to holidays, close downs, or any other reason beyond the control of Sanokil.
5. EXCLUSION OF LIABILITY
Sanokil shall not be liable to the Customer for failure to provide service due to industrial action or other cause beyond its control. Placement of Sanokil service items within the Customer’s premises may be initially done by Sanokil as a matter of service but shall be at all times the responsibility of the Customer. The Customer shall hold harmless and indemnify Sanokil against claims by any person alleging loss or injury due to dangerous placement or use of Sanokil service items within the Customer’s premises.
6. OWNERSHIP AND ACCESS TO PROPERTY
The Customer agrees to comply with all instructions given by Sanokil concerning the use and operation of the equipment and will advise Sanokil as soon as possible if the equipment is damaged and need of repair. The Customer will not attempt to relocate, move, dismantle, modify or repair the equipment or allow any person other than Sanokil to do so. All equipment on the schedule of services shall remain the property of Sanokil upon suspension or termination of the Agreement. Sanokil shall be entitled to enter the Customer’s premises to remove the equipment.
7. ACCESS AND SAFETY
The Customer must ensure that Sanokil’s staff and other authorised personnel have full and safe access (free of any health and safety hazards and risks unless, the Customer has notified Sanokil of such risks prior to accessing the servicing address) to the servicing address. You warrant that you have disclosed to Sanokil all necessary instructions, documentation, co-operation, and all material information which may influence the provision, performance and/or installation of the equipment and/or the services at the service address and agree to notify Sanokil as soon as there are any possible where any circumstances (including the respect of the service address) changes.
8. CUSTODY AND LOSS
The Customer shall pay to Sanokil the replacement cost as stated by Sanokil for loss of or damage of equipment, beyond fair wear and tear for equipment in the possession of the Customer. The Customer is advised to ensure against loss and damage.
9. SUB CONTRACTORS
The Customer acknowledges that Sanokil may at any time during this Agreement engage or employ any person, sub-contractor, or agent to provide any of the service under this Agreement to fulfil its obligations.
10. MISCELLANEOUS
This Agreement consists of the cover page these items and conditions and the attached supplement pages, if any, and contains all the contractual arrangements of the parties with respect to rental service furnished by Sanokil and the Customer. It supersedes all earlier conduct of the parties. Any provision of this Agreement, which is prohibited or unenforceability, but will not invalidate the remaining provisions of this Agreement nor affect the validity or enforceability of that provision in any other jurisdiction. This Agreement is governed by the laws of Australia and the parties submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in that State. By accepting this Agreement, you acknowledge that personal information may be collected, use, held and disclosed in accordance with the Sanokil privacy policy.