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Repair and Support:

This  contract covers unlimited service repair as needed during the contract  period, as well as parts used for the repair, except as noted below.   Replacement and/or repair of parts is at the discretion of MicroFix.

  Repairs will normally be started within three (3) business days of notification of the problem.

 This contract entitles  the customer to two (2) preventive maintenance visits during the  contract period.  The preventive maintenance may be combined with the  service visits.

 If a problem develops  with the customer’s equipment, the customer is required to contact  MicroFix to communicate the problem.   Based on the information provided  by the customer, MicroFix will make a good faith effort to determine  the cause of the problem.  Once a conclusion to the problem is reached,  MicroFix and the customer will agree to one of the following options:

            A. On-site service.

            B. Parts repair/exchange service.

Customer Assistance:

 A reasonable effort on  the part of the customer is expected when problems are encountered.   This includes, but is not limited to, over the phone discussion of the  problem and assistance in the replacement of, repair of, or exchange of  parts.

 The customer is expected to replace filaments and apertures when needed.

Preventive Maintenance:

 Column and gun cartridge cleaning.

 Gun and Column alignment.

 Check the R. P.  Oil and replace it annually.

 General inspection of the entire equipment for proper operation.

 Customer is responsible for having expendable items on hand (apertures, filaments, etc.)

Service Hours:

 Service support will be provided between the hours of 8:00 AM and 5:00 PM EST, Monday through Saturday, excluding holidays.

Responsibility:

The Service Contract does not cover and MicroFix is not responsible for the following:

 MicroFix assumes no  liability under the agreement for the replacement or repair of parts  altered by the customer or caused as a result of abuse, misuses, or  external factors, Including, but not limited to:  power failure, fire,  water, Acts of God, etc.

 Accessories to the  microscope are not covered unless specifically listed in the agreement.   This would include:  Water Chillers, Sputter Coaters, Backscatter  Detectors, Image Processors, X-ray Detectors and Analyzers, Turbo Pumps, Ion Pumps, or any other non-original equipment add-on.

 Reinstallation or  relocation of the equipment under this agreement.  This service can be  provided at an additional hourly rate charge.

 MicroFix liability  arising from any damage or loss of the equipment resulting from the  movement of the equipment to a new location.

 MicroFix liability  arising from delays caused by suppliers in providing materials or  services, strikes, delays in transportation, or other causes beyond  MicroFix’s control.

Termination:

 MicroFix reserves the right to terminate this agreement due to non-payment  of the agreement or if the equipment has been misused or abused.  The  customer may cancel this contract at any time.  Each contract period is  divided into quarters.  The termination day will be established as the  first day of the next quarter if cancellation is within any given  quarter.

1. The customer will be responsible for payment of the service agreement up to the established termination date.

2. Or, if greater than  “1” above, the total amount of all service calls made (charged at the  prevailing Field Service Rates) up to the established termination date.

Terms: 

 The contract period is for one year, beginning on a date agreed to in writing by both parties.

 Standard payment terms are “Net 30 Days” after the date of invoice.

 All customers operating out of the State of Tennessee are responsible for all Sales and Use Taxes.

 The customer’s  execution of the service contract proposal and receipt by MicroFix of  the annual service contract payment shall constitute acceptance of this  service contract.

Except as otherwise  provided herein, MicroFix makes no other warranties, either expressed or  implied, covering the product(s) and/or service(s) contemplated herein,  including without limitation, any implied warranties of merchantability  and fitness for a particular purpose.

MicroFix liability to  customer and/or any third party shall be limited to the amount of the  annual service contract payment contemplated herein.  Moreover, neither  party shall be liable to the other party for any consequential loss of  damage arising out of this service contract.