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1、Service AgreementI. Defi n itio n.ABC shall mean ABC (Chi na) Electr oni cs, Ltd. Customer; shall meanthe customer n amed in the Agreeme nt; and Product; shallcollectively mea n the Equipme nt and Software which ABC and Customer agree to be serviced pursua nt to this Service Agreeme nt. Such Product

2、 is listed on the first page of this Agreeme nt.2. Accepta n ee.The terms and con diti ons set forth on all twelve pages of thisAgreeme nt is an offer to purchase Service by Customer which shall become aService Agreeme nt whe n ack no wledged in writ ing by ABC;s Service Departme nt; and the banking

3、, n egotiati onor other use of any payme nt shallnot con stitute an accepta nee by ABC. It is agreed that Service shall be provided only on the terms and con diti ons contained in this Agreeme nt.ABC shall n ot be bound by terms and con diti ons in Customer;s purchase order or elsewhere uni ess expr

4、essly agreed to in writi ng. Both parties to this Agreement agree that upon accepta nee by ABC;s Service Departme nt, ABC;s in terest in the Agreeme nt is assig ned to ABC, I nc. (MINC).3. Service DefinedABCagrees to provide service for the Customer for the Product listedon the first page of this Ag

5、reeme nt. Such Products shall be servicedaccord ing to the terms and con diti ons on all twelve pages of this Agreeme nt (;Service;). The Service shall begi n and end on the dates set forth on the first page of this Agreeme nt. ABC shall also Service other Product manu factured by MINC. or MINC;s su

6、bsidiaries and purchased by customer duri ng the term of this Agreeme nt on the same terms and con diti ons set forth in this Agreeme nt at the the n curre nt service fees for such Product. Upon delivery of such other Product to Customer, service fees for Service of such other Product shall be added

7、 to the billi ng cycle follow ingexpirati on of the labor warra nty on such other Productn the eve nt of loss,damage, theft or removal from Service of any Product, Customer shall immediately report the loss, damage, theft or removal in writi ngto ABC.In this eve nt, Customer;s obligati on to pay ser

8、vice fees with respect to any such Product shall termi nate at the end of the mon th in which ABC receives such writte n report.Mobile Product shall be removed and rein stalledin differe ntvehicles at Customer;s request for the service fee in effect at the time of Customer;s request.This Agreeme nt

9、does not in clude service of any tran smissi on line, antenna, tower or tower lighti ng, uni ess such work is described on the first page of this Agreeme nt. Service shall in clude the labor and parts required to repair Product which has becomedefective through no rmal wear and usage. This does not

10、in clude con sumable and their in stallati on.Service does not in clude the repair or replaceme nt of Product which has otherwise becomedefective, i nclud ing, but not limited to, damagecaused by accide nts, physical or electr onic abuse or misuse, acts of God, fires or other casualty. Service perfo

11、rmed for non-covered repairs shall be billed at ABC;s above con tractrate applicablefor such Service.Product un der con tract must be maintained in en vir onmen tal con diti ons as set forth in the Product specifications and damage resulting from en vir onmen tal con diti ons not conforming to the s

12、pecificati ons is not covered by this Agreeme nt.Where teleph one lines and Product are used in conj un cti on with ABC main tai ned Product, ABC shall have no obligati on or resp on sibility for such telepho ne lines or Product but shall, upon request, assist the Teleph one Compa nyn repairi ng suc

13、h upon payme nt at the appropriate above con tract rate.Customer shall in dicate on the first page of this Agreeme nt anyProduct which is intrin sicallysafe so that appropriate parts and proceduresmay be used to mai ntain such status.At the expirati on of twelve (12) mon ths after the comme n ceme n

14、t ofService here un der (or any time thereafter), if Product cannot in ABC;s opinion be properly or econo mically repaired, because (but not limited to) excessive wear, deterioration or unavailability of parts, ABCat its sole option, upon thirty (30) days prior written notice to Customer sent by cer

15、tified mail, mayeither: (1) remove such Product from this Agreeme nt; or (2) may in crease the price to Service such Product. Customer shall have thirty (30) days from receipt of no tice of price in crease to object to such in crease. If Customer properly objects to such in crease, ABC shall the n h

16、ave the opti on to remove such Product from coverage by this Agreeme nt. Customer;s obligati on to pay Service fees with respect to Product removed from this Agreeme nt shalltermi n ate at the end of the mon th duri ng whichsuch Product is removed.The Product shall be serviced by ABCin accorda nee w

17、ith the follow ing sta n dards: (i) ABC parts or parts equal quality shall be used; (ii) the Product shall be serviced at levels set forth in ABC;s product manu als; and (iii) rout ine service procedures prescribed from time to time by ABC for its Product shall be followed.5. Time And Place of Servi

18、ce.Service shall be done at the locatio n specified on the first page of this Agreeme nt. Where Service is to be performed at the locati on of the Product, Customer shall fur nish shelter, heat, light and power at these locations, Customer shall notify ABCimmediately of Product failure, allow ABC fu

19、ll and free access to the Product, and cooperate fully with ABCin ABC;s servic ing of the Product. Waiver of liability by ABCaga inst Customer or other restricti onsshall not be imposed byCustomer as a site access requireme nt. Customer shall allow ABC full and free access to the Product. Customer s

20、hall allow ABC to use n ecessarymach ines,com muni cati ons, facilities, features and other product (except as no rmally supplied by ABC) at no charge. Mobiles and removable Product shall be delivered by Customer to the ABCService Cen ter in dicated on the first page of this Agreeme nt.Hours of Serv

21、ice un der this Agreeme nt shall be the no rmal work ing hours, exclud ing holidays, of ABC;s Service Cen ter uni ess otherwise in dicated on the first page of this Agreeme nt.6. Payme n t/Taxes.Each payme nt is due on or before the date set forth on the first page of this Agreeme nt. ABC may termi

22、n ate this Agreeme nt by givi ng 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 assessme nts now or hereafter imposed by authority of any Nati onal or

23、 Local law, rule or regulation with respect to the Service of the Product except in come taxes or other legally reimbursable taxes of ABC.7. Right to Subc on tract.ABC shall have the right to subc on tract in whole or in part the Service called for by this Agreeme nt. ABC shall no tify Customer of t

24、he n ame and address of each subc on tractor.8. Revisi on of Fees.Prior to an Anni versary of the ;Expirati on Date; in dicated on the first page of this Agreeme nt, ABC may revise the Service fees set forth on the first page of this Agreeme nt by giving Customer writte n no tice of the amount of the in crease at least sixty (60) days in adva nee of that Anni versary date. Upon re

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