Valid from 24 April 2019
EMCO-TEST performs maintenance and/or provides software support under the terms of a service contract for the hardness testing machine(s) specified in the service contract in accordance with that contract and on the basis of these terms and conditions. These are intended to maintain operational safety and readiness of the machine according to applicable standards, although the possibility of interruptions in operational readiness cannot be excluded.
2. Scope of maintenance services
2.1 EMCO-TEST shall regularly conduct maintenance on the hardness testing machine(s) at the designated service intervals. This will be done during the Buyer’s usual business hours, and the times for this shall be agreed with the Buyer with appropriate advance notice. The hardness testing machine(s), the number of calibration certificates to be issued pursuant to ISO/IEC 17025 or verification protocol (including test method), and the agreed maintenance intervals are specified in the service contract.
The maintenance shall, in particular, comprise the following:
a) Checking all hardness testing functions, electronics, various motors, parameters, and configuration;
b) Optimising measurement uncertainty by: Adjusting components (internal testing system, inductive proximity switches, lenses, etc.);
c) Checking parts subject to wear and tear;
d) Exchanging consumable parts that no longer work properly (material costs not included);
e) Checking the test forces (preload and main force);
f) Carrying out sample measurements;
g) Calibration and issue of calibration certificate(s) pursuant to ISO/IEC 17025 or verification protocol to the extent required under contract.
h) Installation of state of the art testing software, in the event of entitlement to software support.
i) If it is necessary to brief/train the staff operating the hardness testing machine, and this is possible in the course of the maintenance session without any considerable extra time being expended (less than 1 hour).
2.2 EMCO-TEST shall deploy qualified service technicians for the maintenance work. The service technicians shall be equipped by EMCO-TEST with the necessary scope of maintenance materials, tools, diagnostic/testing equipment and documentation.
2.3 The following are not included in the scope of services:
a) Maintenance work outside of the agreed maintenance intervals.
b) Troubleshooting and correcting faults.
c) Any material costs, the replacement of defective parts or ones that no longer work properly, incurred or found in the course of regular maintenance;
d) Maintenance of hardness testers, accessories, or any other equipment not covered.
2.4 The services not included in the maintenance service contract will be charged in accordance with EMCO-TEST's respective applicable cost schedules.
3. Scope of software support
3.1 EMCO-TEST shall monitor (e.g. as an accredited calibration laboratory according to ISO/IEC 17025 or by actively participating in various standards committees and bodies) the development of the standards relevant for hardness testing under ISO and ASTM and shall adjust the affected software and firmware control systems of the EMCO-TEST product range in line with any relevant changes to standards.
3.2 Following the publication of new versions or updates of the supported operating system (Microsoft Windows), any necessary adjustments shall be incorporated in order to achieve software compatibility.
3.3 The software shall be constantly developed and improved in line with the overall market requirements analysed by EMCO-TEST with reference to ease of use, design and functional scope.
3.4 EMCO-TEST shall endeavour to make ready for installation and operation all updates to software and firmware resulting from points 3.1 to 3.3 above, no later than 12 months after publication, for underlying hardware configurations and those supplied by EMCO-TEST. In specific individual cases, it may be necessary to upgrade the hardness tester (e.g. upgrade of PC components, memory expansion, etc.). The costs of such retrofits/upgrades are not included in the service contract.
Provision of software support for the hardness testing machine:
a) EMCO-TEST shall proactively inform the contact person specified in the contract concerning the availability of new software and/or firmware versions for the hardness testing machine(s) specified in the contract and shall make the update available online or through a download link. This update may then be downloaded and installed by the Buyer either directly onto the hardness testing machine or by means of interim storage on a USB stick. The relevant update shall be specific to a particular hardness testing machine identified in the contract and will not be transferable to other hardness testing machines.
b) If requested, an EMCO-TEST technician shall provide online support for the installation of updates (via Skype, TeamViewer, or over the telephone, in German or English) by appointment. If such update support is requested in excess of a normal update routine due to reasons falling within the control of the operator, online support shall be included in the service contract up to a maximum total of 1 hour for each newly provided software update. Any further online support requested shall be invoiced separately.
3. Service times / reachability
The service contract shall be implemented by EMCO-TEST at the service intervals agreed to in the contract.
In addition, EMCO-TEST offers an online service platform as the manufacturer, through which concerns may be reported to EMCO-TEST experts and transparently followed up around the clock (24/7): https://jira.emcotest.com/servicedesk/
EMCO-TEST specialists at the EMCO-TEST production location in 5431 Kuchl, Austria, will address these concerns promptly during business hours and provide support to the Buyer in addition to factory service in situ drawing on its expertise as manufacturer.
4. Buyer’s duty of cooperation
4.1 The manufacturer’s Instruction Manual and other information provided by EMCO-TEST must be complied with when using the hardness testing machine or when performing servicing. The Buyer shall, within the scope of what is reasonable, take the necessary steps to facilitate the identification of faults and their causes.
4.2 If maintenance is included under the contract, EMCO-TEST service technicians shall be given free access to the hardness testing machine, as well as the space necessary to store tools, equipment, spare parts, etc. The Buyer shall keep at hand any technical equipment needed for carrying out the maintenance (e.g. hoists) in an operational condition and make it available to the EMCO-TEST service technician free of charge.
4.3 In order to ensure the provision of ongoing software support for a hardness testing machine, the Buyer is obliged to keep the hardness testing machine updated with the most recent software published by EMCO-TEST. The Buyer shall ensure in this regard that: (a) all updates provided in accordance with a software support service contract are installed; or (b) before a software support service contract is concluded, the hardness testing machine(s) to which the contract relates is/are brought up to date by purchasing any missing updates (any such subsequent purchase will be associated with a fee and is not included in the software support service contract).
4.4 If EMCO-TEST's service technician so requests, the Buyer shall provide an agent as a contact and shall ensure that such agent is available at the installation site to assist.
4.5 The Buyer is obliged to inform EMCO-TEST's service technician of any safety regulations in force, in so far as these are of relevance. Should such safety regulations be violated, the Buyer shall be required to notify EMCO-TEST's Service Manager immediately.
5. Price and payment
5.1 Contractual maintenance shall be charged to the Buyer following completion of work at the maintenance intervals.
5.2 Contractual software support shall be charged to the Buyer by EMCO-TEST starting from 12 months after order confirmation in advance for the following contractual year, unless this support is covered by the purchase model or a licence agreement. (That is, any support requested for software upgrades provided during the first year of the contract shall be free of charge.) If further software modules are subsequently added to the hardness testing machine, these shall be automatically incorporated into the existing software support service contract and the amount billed shall be adjusted in line with the current extent of the software from the next renewal date.
5.3 Payment shall be made in accordance with the payment terms agreed to in the contract upon receipt of the invoice. Unless the contract specifies different payment terms, payment shall be due within 14 days of the date of the invoice without any deductions.
5.4 Services provided by EMCO-TEST shall be charged for at the relevant applicable standard rates, unless specified otherwise in any individual contract.
5.5 Should it be necessary for EMCO-TEST to make a separate trip due to the Buyer requiring an appointment at a particular time, EMCO-TEST's costs for travelling to the Customer and back shall be calculated and invoiced in accordance with the time expended, as per EMCO-TEST's standard rates. Lump-sum allowances for travel costs shall only apply in relation to routes planned by EMCO-TEST at the service intervals agreed to in the contract.
5.6 In the event that the period of time spent at the Buyer is prolonged due to further work falling outside the agreed contractual performance (e.g. repairs, scope of performance extended by agreement), the working time falling outside the contractual performance shall be charged for at the applicable standard rates of EMCO-TEST.
5.7 Should the Buyer require the work to be carried out outside the usual business hours, and should EMCO-TEST be in agreement with that, the Buyer shall bear any associated additional expenses.
5.8 The costs of any work and material not falling under the contract shall be billed on a time and materials basis and shall be invoiced by EMCO-TEST following completion of the work at the prices applicable at the time the supply/service was carried out.
5.9 The prices of existing service contracts shall be indexed on the basis of the 2015 Consumer Price Index, or any successor index, as reported by the Austrian Central Statistical Office on its homepage on the contractual renewal date. Indexing shall be calculated on the basis of the index published in January of the year in which the contract starts. An adjustment shall be applied in accordance with the index each calendar year. All prices shall be altered at this time in line with the index. The Customer waives any right to invoke the failure by EMCO-TEST to give notice of indexing adjustments.
6. Contractual term and termination
6.1 The Contract shall take effect on the date of the EMCO-TEST order confirmation (inception date) and is concluded for a term of one year. The Contract shall be extended thereafter by further periods of one year each, unless terminated by either party in writing at least three months prior to expiry of the Contract.
6.2 EMCO-TEST shall endeavour to maintain software support for as long as possible. However, for financial reasons software support will cease as a rule 5 years after the discontinuation of series production of the underlying products.
7. Other terms
7.1 The place of performance for services falling under a maintenance service contract shall be the delivery address specified in the contract (the location of the machine(s) referred to in the contract), unless otherwise indicated or agreed in a specific individual case owing to the nature of the service. In the event of any change in the location of a hardness testing machine(s) falling under the contract, EMCO-TEST shall be released from its duty to perform unless the contract is amended by mutual agreement.
7.2 Should any individual terms of this Contract be invalid or unenforceable or become invalid or unenforceable after the conclusion of the Contract, this shall not affect the validity of the remainder of the Contract. The invalid or unenforceable term shall be replaced by a valid and enforceable term, the effects of which are closest to the economic aim pursued by the contractual parties through the invalid or unenforceable term. The foregoing shall apply mutatis mutandis in the event of any gap in the Contract.