- 1.1 By handing over or sending in IT equipment (incl. peripherals, spare parts, etc) the client commissions RCS to return the equipment to working order according to the manufacturer’s specification at the time the goods were sold. RCS will charge for any replacement parts and the labor required to replace them. Defective hardware will be repaired or replaced by RCS. Any parts replaced become the property of RCS. Parts to be repaired or replaced which cannot be given to RCS for reasons of security or confidentiality will be purchased at list price. The client does not have a right to new replacement parts.
- 1.2 Replacement components may be of a more recent date and higher technical standard than those handed over by the client.
- 1.3 In cases where the client is directed by a manufacturer to use RCS for repairs under warranty, the work will be carried out to the manufacturer’s prescribed standard or in the absence of such a standard, the work will be completed to the RCS repair specification.
- 1.4 Where required, RCS will re-load the operating system software onto the machine after repair. Subject to availability, RCS will use the version available at the time of the purchase and the respective language setting.
- 2.1 Securing and re-loading customer data. We will undertake this only where a request is submitted in writing and will charge for the labor required. RCS accepts no liability for the completeness of client data.
- 2.2 RCS services do not include consumables such as disks, toner, paper, printer parts subject to wear, batteries, power packs, etc or costs incurred as a result of a client’s interference with machines, operating systems, network software and applications.
- 2.3 In the case of equipment which is under a manufacturer’s warranty – see 1.3 above – all work resulting from incorrect or inappropriate use or caused by natural hazards, operating error, configuration and related problems will be charged for.
- 2.4 The repair of all software problems (incl. firmware, operating systems, applications and drivers) is excluded. This also applies to problems relating to compatibility between different software packages and between software and hardware.
- 2.5 The provision of equipment for use whilst repairs to a client‘s property are carried out is excluded.
- 3.1 RCS assumes that any equipment presented by a client is defective. Spare parts sent to RCS will be replaced.
- 3.2 RCS requires the client to have a license for any software on the equipment and also that hardware and software have been imported or exported in line with US and Swiss customs regulations. The client agrees to indemnify RCS in full for any claims made by licensors for license infringement relating to the loading of operating system software - see 1.4 above.
- 3.3 THE CLIENT IS RESPONSIBLE FOR ENSURING THAT ANY DATA WHICH MAY BE IMPACTED BY A REPAIR IS SECURED. RCS WILL NOT BE HELD NOT LIABLE FOR ANY LOSS OF DATA.
- 3.4 Repairs under warranty - see 1.3 above - will only be carried out where the warranty certificate or sales invoice/receipt is presented. If the client cannot provide proof of warranty, any work undertaken will be charged.
4. SPECIAL SERVICES
- 4.1 Pick up service: RCS will arrange collection and return of equipment on request. Collection is normally arranged within 24 hours of an order being placed.
- 4.2 Normal service: Work is carried out at the client’s premises by appointment or within 5-10 days where equipment needs to be dealt with in the workshop. Labor costs are calculated according to time spent on the task. Replacement parts are charged at list price. Chargeable time includes travel between RCS and the client’s premises (travelling costs are included).
- 4.3 Express and emergency service: Work is normally completed within 8 working hours. Clients are required to contact RCS to ensure the work can be carried out within the time envisaged. Pre-ordering or delivery of replacement parts or material is also counted as Express Service. IT services are charged according to time spent on the task. Express delivery costs are charged to the customer. Chargeable time includes travel between RCS and the client’s premises (travelling costs are included).
- 4.4 Quotations: Where requested, we will prepare a quotation for a package of work. The cost of doing so is included in the invoice for work undertaken subsequently. Where a quotation is not accepted within 10 days, RCS reserves the right to return the goods to the client at their cost and to invoice for the administrative cost of producing the quotation.
5. ORDER PROCESSING
- 5.1 When commissioning RCS, the client must provide the following:
» Full address of the client;
» Method for returning the goods;
» Type of equipment and any accessories;
» Detailed description of the problem and how / when it occurs;
» Telephone number for queries (office hours);
» Any additional services required (quotation, express service, etc.).
- 5.2 The client is liable for any costs, loss or damage incurred by sending the equipment to RCS. Special delivery arrangements are charged to the client.
6. PAYMENT TERMS
- 6.1 All prices are shown exclusive of sales tax / vat.
- 6.2 Payment is required in full within 30 days.
- 6.3 RCS reserves the right to withhold the dispatch of goods or to require advance payment for services if a client does not settle their account punctually.
- 7.1 RCS provides a 90 day guarantee on labor and replacement parts and material. Where equipment is completely overhauled or replaced, RCS provides a 90 guarantee on all manufacturer-specified performance. Repairs do not reduce existing warranty periods for new equipment. Warranty services are restricted to rework.
- 8.1 RCS LIABILITY FOR DAMAGE RESULTING DIRECTLY FROM REPAIR SERVICES IS LIMITED TO CHF 50,000.--. RCS WILL NOT ACCEPT LIABILITY FOR ANY LOSSES ARISING FROM LOSS OF INCOME, BUSINESS INTERRUPTION, LOSS OF PROFITS, FAILURE TO ACHIEVE SAVINGS OR OTHER CONSEQUENCE, INCLUDING LOSS OF DATA - REGARDLESS OF THEIR LEGAL GROUNDS. THE CLIENT HAS SOLE RESPONSIBILITY FOR THE SECURITY OF THEIR DATA.
9. COURT OF JURISDICTION
- 9.1 The place of jurisdiction is Schaffhausen. This contract is subject to Swiss law.
September 2009, RCS EDV Dienstleistungen GmbH