Service Agreement
hours of service under this agreement shall be the normal working hours, excluding holidays, of abc''s service center unless otherwise indicated on the first page of this agreement.
6. payment/taxes.
each payment is due on or before the date set forth on the first page of this agreement. abc may terminate this agreement by giving customer ten (10) days notice by certified mail if customer defaults in its payment to abc. customer shall reimburse abc for all property taxes, sales and use taxes, excise taxes, and the taxes or assessments now or hereafter imposed by authority of any national or local law, rule or regulation with respect to the service of the product except income taxes or other legally reimbursable taxes of abc.
7. right to subcontract.
abc shall have the right to subcontract in whole or in part the service called for by this agreement. abc shall notify customer of the name and address of each subcontractor.
8. revision of fees.
prior to an anniversary of the 'expiration date' indicated on the first page of this agreement, abc may revise the service fees set forth on the first page of this agreement by giving customer written notice of the amount of the increase at least sixty (60) days in advance of that anniversary date. upon receipt of any such notice, customer may terminate this agreement on the expiration date or any anniversary of it upon thirty (30) days prior written notice to abc sent by certified mail to the address indicated in this agreement; otherwise the new fees shall become effective on the anniversary date. in the event of such termination, all accrued and unpaid charges shall be due and payable immediately upon termination.
9. automatic renewal.
after the expiration date indicated on the first page of this agreement, this agreement shall continue for successive additional periods of one year, provided that either abc or customer may terminate this agreement on the expiration date or any anniversary of it upon thirty (30) days prior written notice to the other party sent by certified mail to the address indicated in this agreement.
10. interruption of service.
customer shall notify the servicing agency in the event of the failure of any product. if the servicing agency fails to repair the product within a reasonable time, customer shall notify the abc office designated by abc. after said notice from customer to the servicing agency and to the abc office designated by abc, abc shall be liable for any interruption or interference affecting the use or transmission through the product maintained to the extent of a pro rata allowance based on the monthly service fee for the time such interruption or interference is attributable to the fault of abc or its subcontractor. abc does not assume and shall have no ability under this agreement for failure to provide or delay in providing service for the product due directly or indirectly to causes beyond the control of abc, including, but not restricted to, acts of god, acts of the public enemy, acts of the prc, the united states, any state, territory of the united states, or any political subdivision of the foregoing, or the district of columbia, acts of failure to act of the customer, its agents, employees or subcontractors, fires, floods, casualty, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather conditions or defaults of abc subcontractors due to any such causes.