Perle Maintenance Agreement
This Maintenance Agreement applies to Perle Product serviced
in Japan. The
"Perle Product" is defined as:
- All Perle Terminal, Serial, Device, Console Server
products, the Perle Remote Power Switch and Perle developed
- All Perle 594 and 394 Series products and Perle developed
- All Perle 833 Series products and Perle developed
Throughout this Maintenance Agreement, "Perle"
means Perle Systems Limited. Throughout this Maintenance Agreement,
"Purchaser" means the original end-user purchaser.
On-Site 8 x 5 (OS5) -
Under a maintenance agreement, a Perle Authorized
On-Site Service Provider will provide repair service
for the Perle Product at the Purchaser's installation
site. Contingent upon the availability of a service
technician, the Perle
Authorized On-Site Service Provider will arrive at the installation
site between the hours of 9am and 5pm local time, Monday through Friday,
excluding holidays, after confirmation from Perle where service is
required. If the Purchaser's installation site is more that 100 miles
from the nearest Perle Authorized On-Site Service Provider stocking
location, Perle has the option of providing on-site service or providing
an alternate means of system repair. If the Purchaser has not registered
the installation site at least 10 days prior to requiring service Perle
has the option of providing on-site service or providing an alternate
means of system repair. Hotline technical support is available free
of charge between 9am and 5pm NTP to anyone with a valid On-Site 8
x 5 maintenance agreement. Check
Perle agrees to provide for Purchaser maintenance services
for the equipment identified, at the Service Level, and for the term
indicated on each Equipment Schedule. If the Perle Product fails during
normal and proper use within the Maintenance Agreement period, Perle
will, at its option, repair or replace the unit. Repair parts provided
under this Agreement may be new, reconditioned or used. This Maintenance
Agreement does not include service to repair damage from improper installation,
accident, disaster, misuse, abuse or non-Perle Authorized Service Provider
modifications made to the Perle Product.
Service Claim Requirements
The Purchaser service claims made pursuant to this Agreement
must conform to the following requirements:
- On-Site maintenance agreements purchased with a
new Perle product becomes valid 10 days after acceptance of the
customers web site registration. If repair is needed
during the first 10 days a replacement unit will be shipped by
- On-Site maintenance agreements purchased on a used
Perle product becomes valid 30 days after the acceptance of the customers web site registration.
- The Purchaser must request information on how to obtain
maintenance service by contacting the Perle Technical Assistance Center.
- Upon confirmation that Service is required Perle or
a Perle Authorized On-Site Service Provider will be dispatched.
- Contingent upon the availability of a service technician,
the Perle Authorized On-Site Service Provider will arrive at the
installation site between the hours of 9am and 5pm local time, Monday
through Friday, excluding holidays, after confirmation from Perle
where service is required.
- If a Perle cable or diskette has a defect, Perle will
replace the component but will not service it on site. Express Replacement
Service will be provided.
- Purchaser agrees to provide prompt access to the equipment
and software consistent with Purchaser's standard security requirements.
Purchaser shall provide reasonable assistance and facilities including
working space, electricity, and a local telephone line so as to expedite
the performance of services.
- If neither the Purchaser nor the Purchaser's agent
is present at the Purchaser's location for the scheduled arrival
of the Perle or Perle Authorized technician, no On-Site Service will
be provided. Purchaser's recourse for repair will be to receive Return
to Depot Service.
- Purchaser shall, at Purchaser's expense, prepare and
maintain the installation site in accordance with Perle's published
specifications for operating environments.
Any upgrade(s) purchased by the Purchaser for the equipment
shall be reported to Perle in writing, to have the upgrade(s) added
to the Equipment Schedule for the affected equipment. A revised Equipment
Schedule will be completed and issued by Perle to Purchaser, including
charges for the additional coverage to the end of the next Anniversary
Purchaser shall notify Perle in writing prior to the
relocation of equipment, so that Perle can determine if services are
available for the new location and adjust its service records, including
the Equipment Schedule, for the relocated equipment. Perle will notify
Customer if it is unable to provide services in the new location, or
if any additional charges may apply. A revised Equipment Schedule will
be completed and issued by Perle to include any additional charges
to the end of the next Anniversary date.
This Agreement is non-transferable by the Purchaser
to a third party, and may not be assigned without first obtaining written
approval from Perle.
Exclusions from Agreement
The following items are specifically excluded from this
- Purchaser-requested replacement of parts or equipment
and on-site service for which the trouble found is not the fault
of the original equipment. Such service(s) will be invoiced to
the Purchaser as an additional charge.
- Installation, de-installation, or relocation of the
Purchaser will prepay Perle the lessor of the full amount
or twelve (12) months of services to be provided under this Agreement
for each item of equipment, prior to the effective date shown on the
corresponding Equipment Schedule. Purchaser will also pay taxes applicable
to the service provided under this Agreement for each item of equipment.
If prepaid services are terminated, Purchaser will receive a pro-rated
refund only for the unused prepaid services beyond the first six (6)
months. Any changes in charges will take effect on the anniversary
of the Agreement.
|Perle Product Line
|Perle 8, 16, 24 and 32 port IOLAN
Terminal / Device / Console Servers
|Perle 8, 16, 24, 32 and 48 port JetStream
|Perle 8, 16, 24, 32 and 48 port CS9000
|Perle 833 / 833IS / 833AS Remote Access Servers
|Perle 594e Controllers
Table 1- Perle Product Service Availability
Term and Termination
For Service Level Options OS5 this Agreement and
the service(s) provided under this agreement is for the initial period
indicated on the corresponding equipment schedule for each item of
equipment and will commence on the effective date shown on the corresponding
Equipment Schedule(s). The term will automatically renew on the Anniversary
date unless terminated under the provisions of the Agreement.
Either party may terminate this Agreement for any item(s)
of equipment, at any time, upon sixty (60) days' written notice to
the other party.
Perle may terminate this Agreement or suspend its performance
hereunder for any item(s) of equipment at any time after the effective
date, if the Purchaser fails to make payment when due or fails to perform
or observe any other conditions of this Agreement.
Perle shall not be deemed to be in default of any provisions
of this Agreement or liable for any delay, failure in performance,
or interruption of service resulting from acts of God, transportation
delays, strikes, lockouts, government action, inability to obtain materials
or services from suppliers, or any other force majeure beyond its reasonable
Perle shall provide the services under this Agreement
in a workmanlike manner. Aside from the foregoing, Perle makes no representations
or warranties regarding its services under this Agreement. Perle expressly
disclaims any implied warranty of merchantability or fitness for a
particular purpose regarding the services provided hereunder.
Neither Perle nor its subcontractors shall be liable
for any loss of revenue, profit, property or use, or for indirect,
consequential, special incidental, punitive or contingent damages or
expense, whether in contract, tort or otherwise, arising out of or
in connection with this Agreement. Perle and its subcontractors' liability
hereunder shall be limited to the amounts actually received by Perle
hereunder. Both Perle and Purchaser agree to indemnify and hold the
other harmless from any and all liability, loss or damage the other
may suffer as a result of claim, demands, cost or judgments by any
third party arising out of the negligence.
This Agreement shall in all respects be governed by the
laws of the province of Ontario, Canada.
The terms and conditions of this Agreement constitute
the entire agreement between Perle and Purchaser relating to the subject
matter of this Agreement, and supersedes all prior agreements or understandings
regarding services provided. No modification of this Agreement shall
be effective until confirmed in writing by Perle.