Service Agreement
1.definition.
'abc' shall mean abc (china) electronics, ltd. 'customer' shall mean the customer named in the agreement; and 'product' shall collectively mean the equipment and software which abc and customer agree to be serviced pursuant to this service agreement. such product is listed on the first page of this agreement.
2.acceptance.
the terms and conditions set forth on all twelve pages of this agreement is an offer to purchase service by customer which shall become a service agreement when acknowledged in writing by abc''s service department; and the banking, negotiation or other use of any payment shall not constitute an acceptance by abc. it is agreed that service shall be provided only on the terms and conditions contained in this agreement. abc shall not be bound by terms and conditions in customer''s purchase order or elsewhere unless expressly agreed to in writing. both parties to this agreement agree that upon acceptance by abc''s service department, abc''s interest in the agreement is assigned to abc, inc. (minc).
3. service defined
abc agrees to provide service for the customer for the product listed on the first page of this agreement. such products shall be serviced according to the terms and conditions on all twelve pages of this agreement ('service'). the service shall begin and end on the dates set forth on the first page of this agreement. abc shall also service other product manufactured by minc. or minc''s subsidiaries and purchased by customer during the term of this agreement on the same terms and conditions 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 billing cycle following expiration of the labor warranty on such other product. in the event 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 event, customer''s obligation to pay service fees with respect to any such product shall terminate at the end of the month in which abc receives such written report.
mobile product shall be removed and reinstalled in different vehicles at customer''s request for the service fee in effect at the time of customer''s request.
this agreement does not include service of any transmission line, antenna, tower or tower lighting, unless such work is described on the first page of this agreement. service shall include the labor and parts required to repair product which has become defective through normal wear and usage. this does not include consumable and their installation. service does not include the repair or replacement of product which has otherwise become defective, including, but not limited to, damage caused 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 contract rate applicable for such service. product under contract must be maintained in environmental conditions as set forth in the product specifications and damage resulting from environmental conditions not conforming to the specifications is not covered by this agreement.