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Contractual basis
Service contract

As of April 24, 2019

1. Preamble
As part of a service contract, EMCO-TEST takes over the maintenance and / or software maintenance of the hardness testing machine (s) specified in the service contract in accordance with the content of the contract and on the basis of these provisions. These serve to maintain the operational safety and standard-compliant operational readiness of the machine without, however, being able to rule out interruptions in operational readiness.

2. Scope of maintenance
2.1 EMCO-TEST regularly carries out maintenance on the hardness testing machine (s) according to the service interval. These take place during the buyer's usual business hours and are timely agreed with the buyer. The hardness testing machine (s), the number of calibration certificates to be issued in accordance with ISO / IEC 17025 or test reports (including test methods) and the agreed maintenance intervals are listed in the service contract.

The maintenance work includes in particular:

a) Checking the hardness tester functions, the electronics, various motors, parameters and configurations.
b) Optimization of the measurement uncertainty by: Adjusting components (internal test system, ind. proximity switches, lenses, etc.).
c) Checking of wearing parts.
d) Replacement of wear parts that are no longer fully functional (material costs not included).
e) Testing of the test forces (pre- and main force).
f) Carrying out test measurements.
g) Calibration and creation of calibration certificate (s) according to ISO / IEC 17025 or verification protocol according to the scope of the contract.
h) Installation of the latest test software if there is a right to software maintenance.
i) If, if necessary, instruction / training of the operating personnel in the operation of the hardness testing machine is required, and this is possible during maintenance without significant additional expenditure of time (<1h).

2.2 EMCO-TEST uses qualified service technicians for maintenance work. The service technician is provided by EMCO-TEST with maintenance material, tools, diagnostic / test equipment and documentation to the extent required.
2.3 The scope of services does not include:
a) Maintenance work outside of the agreed maintenance intervals.
b) Measures to eliminate faults.
c) All material costs, replacement of defective or no longer fully functional parts that have been incurred in the course of regular maintenance.
d) Maintenance of unrecognized hardness testers, attachments or other facilities.

2.3 The scope of services does not include:
a) Maintenance work outside of the agreed maintenance intervals.
b) Measures to eliminate faults.
c) All material costs, replacement of defective or no longer fully functional
Parts that accrued in the course of regular maintenance
are.
d) Maintenance of hardness testers, attachments or other facilities that have not been recorded.

2.4 The services not included in the service contract for maintenance will be charged according to the applicable cost rates of EMCO-TEST.

3. Scope of software maintenance
3.1 EMCO-TEST monitors (e.g. as an accredited calibration laboratory according to ISO / IEC 17025 or through active participation in various standard committees and bodies) the development of the standards relevant for hardness testing according to ISO and ASTM and maintains relevant changes to the standards in the software and firmware concerned Controls of the EMCO-TEST product range.
3.2 After the release of new versions or updates of the supported operating system (Microsoft Windows), any necessary adjustments to maintain compatibility will be incorporated into the software.
3.3 The software is constantly being further developed and improved according to the overall market needs analyzed by EMCO-TEST with regard to ease of use, design and range of functions.
3.4 EMCO-TEST endeavors to provide all software and firmware updates resulting from the above items 3.1 to 3.3 at the latest 12 months after publication for the underlying hardware configurations supplied by EMCO-TEST so that they can be installed and run. In individual cases it may be necessary to upgrade the hardness tester (e.g. upgrade of PC components, memory expansion, etc.). The costs for such retrofitting / upgrades are not included in the service contract.

Provision of software maintenance for the hardness testing machine:

a) EMCO-TEST proactively informs the contact person named in the contract about the availability of new software and / or firmware versions for the hardness testing machine (s) named in the contract and makes the update available online via a download link. This update can then be transferred to the hardness testing machines and installed by the buyer either directly or via intermediate storage on a USB stick. The respective update is tied to a hardness testing machine specified in the contract and cannot be transferred to other hardness testing machines.
b) If desired, an EMCO-TEST technician will support the installation of the update through online support (via. Skype, TeamViewer or by telephone in German or English) after making an appointment. If this update support is extended beyond a normal update routine for reasons for which the operator is responsible, online support up to a total of 1 hour per newly made software update is included in the service contract. Any additional online support required will be billed separately.

3. Service times / availability
The service contract is carried out by EMCO-TEST at the agreed service interval in accordance with the contract.

In addition, as a manufacturer, EMCO-TEST offers an online service platform through which around the clock (24/7) Issues can be reported to the experts at EMCO-TEST and transparently tracked: https://jira.emcotest.com/servicedesk/

EMCO-TEST specialists at the EMCO-TEST manufacturer's location in 5431 Kuchl, Austria, process these concerns immediately within business hours and support the buyer with their expertise as a manufacturer in addition to the on-site factory service.

4. Buyer's obligation to cooperate
4.1 When using the hardness testing machine or when implementing the services, the manufacturer's operating instructions and other instructions from EMCO-TEST must be observed. The buyer takes the necessary measures within the framework of what is reasonable to make it easier to identify the errors and their causes.
4.2 Insofar as maintenance is provided for in the scope of the contract, EMCO-TEST service technicians have free access to the hardness testing machine as well as the space required to store tools, devices, spare parts, etc. . Lifting tools) and makes them available to the EMCO-TEST Service free of charge.
4.3 In order to be able to carry out sustainable software maintenance on a hardness testing machine, the buyer is obliged to keep the hardness testing machine up to date with the latest software version published by EMCO-TEST. To this end, the buyer must ensure that (a) all updates provided have been installed as part of a software maintenance service contract or (b) the hardness testing machine (s) subject to the contract are purchased before the conclusion of a software maintenance service contract to bring any missed updates back up to date (such a subsequent purchase is subject to a charge and is not included in the software maintenance service contract).
4.4 At the request of the EMCO-TEST service technician, the buyer will provide a representative as a contact person and for support at the installation site.
4.5 The buyer is obliged to inform the EMCO-TEST service technician about existing safety regulations, insofar as these are important. If these safety regulations are violated, the buyer is requested to report this immediately to the EMCO-TEST service department.

5. Price and Payment
5.1 The maintenance contract service will be invoiced to the buyer according to the maintenance interval.
5.2 The billing of the contractual service software maintenance is carried out, if this is not covered by the purchase model or a license agreement, by EMCO -TEST to the buyer beginning 12 months after the order confirmation in advance for the following contract year. (I.e. any software improvements made available within the first year of the contract are free of charge if you are entitled to software maintenance). If additional software modules are added to the hardness testing machine at a later date, these are automatically included in an existing software maintenance service contract and the billing amount is adjusted to the current software scope from the next main deadline.
5.3 Payment is to be made in accordance with the terms of payment agreed in the contract upon receipt of the invoice. If no other terms of payment are stipulated in the contract, payment is due within 14 days of the invoice date without any deductions.
5.4 The services provided by EMCO-TEST will be billed at the applicable charging rates, unless otherwise stipulated in individual contracts.
5.5 If a separate journey from EMCO-TEST is necessary due to special appointment requests by the buyer, the costs for the journey there and back will be calculated and invoiced according to the time and effort involved in accordance with EMCO-TEST's rates. The flat-rate travel expenses apply only in connection with the route planning planned by EMCO-TEST within the service interval agreed in accordance with the contract.
5.6 If the stay with the buyer is extended due to further work outside of the agreed contractual service (e.g. repairs, mutually extended scope of services), the working time falling outside of the contractual service will be invoiced by EMCO-TEST in accordance with the applicable billing rates.
5.7 If the buyer requests the work outside of normal working hours and EMCO-TEST agrees to this, the buyer bears the associated additional costs.
5.8 Labor and material costs not included in the scope of the contract will be calculated according to the actual expenditure and after completion of the work will be invoiced by EMCO-TEST at the prices valid at the time of delivery / service provision.
5.9 The prices of existing service contracts are value-secured on the basis of the 2015 consumer price index as shown by the Austrian Central Statistical Office on its homepage on the contract date or its subsequent index. The basis for calculating the value protection is the index published in January of the year in which the contract begins. The adjustment according to the value protection takes place per calendar year. All prices change at this point in time according to the valorisation. The client waives the objection of secrecy if EMCO-TEST disregards value protection adjustments.

6. Contract duration and termination
6.1 The contract comes into force on the date of the EMCO-TEST order confirmation (main date) and is concluded for a period of one year. The contract is extended by a further year, unless one of the parties terminates in writing no later than three months before the end of the contract.

EMCO-TEST endeavors to maintain software maintenance for as long as possible. For economic reasons, however, the software maintenance usually ends 5 years after the series production of the underlying products has been discontinued.

7. Other provisions

7.1 The place of performance for services from a maintenance service contract is the delivery address specified in the contract (= location of the machine (s) specified in the contract), unless something else arises or has been agreed in individual cases from the type of service. A change in the location of one or more of the hardness testing machine (s) included in the contract without amicable adjustment of the contract releases EMCO-TEST from its obligation to perform. 7.2 Should individual provisions of this contract be ineffective or unenforceable or become ineffective or unenforceable after the conclusion of the contract, the validity of the rest of the contract remains unaffected. The ineffective or unenforceable provision shall be replaced by an effective and enforceable provision whose effects come as close as possible to the economic objective pursued by the contracting parties with the ineffective or unenforceable provision. The above provisions apply accordingly in the event that the contract turns out to be incomplete.