Fluke Computer Accessories manual Support Services, Support Charges, Undertakings by You

User’s Guide – version 3.5 NetFlow Tracker

1.7The contents of the Schedule form an integral part of this Agreement and shall have as full effect as if it were incorporated in the body of this Agreement and the expressions “this Agreement” and “the Agreement” used in the Schedule shall mean this Agreement and any reference to “this Agreement” shall be deemed to include the Schedule.

2.Support Services

2.1In consideration of the payment by You of the Support Charges, Fluke agrees to provide the Support Services.

3.Support Charges

3.1You shall pay the Support Charges to Fluke annually in advance. The Support Charges shall be paid within 30 days after receipt of Fluke’s invoice thereof. No Support Services will be provided until payment in full has been received by Fluke. In the event of late payment, interest shall be charged at the rate of interest referred to in the European Communities (Late Payment in Commercial Transactions) Regulations 2002, from the date of invoice until the date of actual payment, such interest to accrue daily and both before and after judgement.

3.2The Support Charges (including the charges for support outside of the Support Hours) may at Fluke’s sole discretion be increased annually in accordance with the annual increase in the Retail Prices Index.

3.3The Support Charges payable under the terms of this Agreement are related to the Support Services specified in Schedule 2. Additional support is subject to Fluke’s then standard rates.

3.4All Support Charges referred to in this Agreement are exclusive and net of any taxes, duties or such other additional sums which shall be paid by You including, but without prejudice to the generality of the foregoing, VAT, excise tax, tax on sales, property or use, import or other duties whether levied in respect of this Agreement, the Support Services or otherwise.

4.Undertakings by You

You undertake:

4.1To maintain accurate and up to date records of the number and location of all copies of the Product supplied to You under the terms of the Licence Agreement and in relation to the numbers of users of such.

4.2To co-operate with Fluke’s personnel in the diagnosis of any error or defect in the Product or Updates reported by You.

4.3To make available to Fluke, all reasonable information, facilities, services and access required by Fluke in order to perform the Support Services.

5.Supplier’s Undertakings

5.1Fluke shall use its reasonable commercial endeavours to ensure that the Support Services will be performed in such a way as to cause only minimal interruptions to your business processes (other than any pre-agreed unavoidable interruption which in Fluke’s sole discretion is required in order to perform the Support Services in a proper and efficient manner).

5.2Fluke shall use its reasonable commercial endeavours to ensure that the Support Services are performed with reasonable skill and care.

5.3The express terms of this Agreement are in lieu of all warranties, conditions, undertakings, terms of obligations implied by statute, common law, trade usage, course of dealing or otherwise, all of which are hereby excluded to the fullest extent permitted by law.

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