Terms & Conditions of Service
1) Services
The supply of services will start on the agreed date as shown on the Stone Group invoice.
2) Service Offerings
Services are provided in accordance with the provisions contained in the service offering selected by the customer, as shown on the invoice.
Stone Group will use all reasonable endeavors to meet relevant response and fix times.
Customer agrees that Stone Group shall not be liable for any direct or indirect consequential losses occurring as a result of Stone Group’s failure to provide services.
The customer may purchase extended service coverage in accordance with the Stone Group current terms and conditions.
Where service is purchased from a third party a copy of their Service Level Agreement will come into force.
3) Exceptions
Stone Group shall be under no obligation to supply the services where, in Stone Group’s reasonable opinion, these are needed because of improper or inadequate installation (unless undertaken by ourselves), use or maintenance; or accidental or willful damage.
The services do not include the correction or avoidance of software defects or errors or the loading or re-loading of customers’ applications software or data or any reconfiguration of the maintained products beyond reloading the operating system software as carried out before shipment.
4) Customer Obligations
The Customer will:
Properly use the products in accordance with the manufacturer’s recommendations.
Allow Stone Group access to the equipment for maintenance purposes and provide adequate and safe working space and facilities for Stone Group personnel.
Co-operate with Stone Group in the diagnosis of any equipment malfunction.
Make freely available to Stone Group all information, documentation and software necessary for Stone Group to properly maintain and service the equipment.
5) Warranty
Stone Group assembles its hardware products from parts and components that are new in accordance with industry standard practises and Stone Group warrants that the products (Excluding software) will be free from defects in materials for a period of the warranty from the date of purchase and that spare parts used in repairing maintained products under any service offering will be free from defects in materials for a period of the warranty or service offering appropriate to or purchased by the customer.
If before the expiry of the warranty period or appropriate service offering, Stone Group receives notice from the customer of any breach of the warranty then Stone Group shall, within a reasonable time, repair or at its option, replace products or spare parts that are defective or otherwise remedy such defects.
Stone Group does not give any warranty that the products are fit for any particular purpose and this warranty is given in place of all warranty conditions, terms, undertakings and obligations implied by statute, common law, custom, trade, usage or otherwise of which are excluded to the fullest extent permitted by law.
6) Liability
Stone Group shall not be liable for any loss or damage sustained or incurred by the customer or any third party (including without limitation any loss of use of the maintained products or loss of or spoiling of any of the customer’s programs or data) resulting from any breakdown or fault in the maintained products, unless such breakdown or fault is caused by the negligence or wilful misconduct of Stone Group, its employees, agents or sub-contractors, or to the extent that such loss or damage arises from any negligent delay by Stone Group in providing the relevant services and then only to the extent not excluded by the agreement.
Stone Group shall indemnify the customer and keep the customer fully and effectively indemnified against any loss of or damage to any property or injury to or death of any person caused by any negligent act or omission or willful misconduct of Stone Group, its employees, agents or sub contractors, or by any breach of its contractual obligations.
The customer shall indemnify Stone Group and keep Stone Group fully and effectively indemnified against any loss of or damage to any property or injury or death of any persons caused by any negligent act or omission willful misconduct of the customer, its employees, agents or sub-contractors or by any breach of its contractual obligations.
Except in respect of injury to or death of any person, for which no limit applies, the respective liability of Stone Group and the customer under sub clauses 6.1, 6.2, 6.3 in respect of each event or series of connected events shall not exceed the sale price.
Notwithstanding anything else contained in the agreement, Stone Group shall not be liable to the customer for loss of profits or contracts or other direct or consequential loss whether arising from negligence, breach of contract or howsoever.
7) Force Majeure
Neither party shall be liable for any delay in performance caused by circumstances beyond its reasonable control nor shall the party in delay be entitled to a reasonable extension of time for performance.