SUPPLEMENTARY TERMS AND CONDITIONS OF BUSINESS (KÄRCHER PROFESSIONAL) Service Agreements – Professional Equipment
- Any Agreement is valid for the period stated within the Kärcher Service Maintenance Agreement document as agreed by both parties. Following the initial term, a 90 day renewal notification will be sent to you by Kärcher (IE) Ltd, whereby a new agreement document will be provided.
- Kärcher (IE) Ltd reserves the right to cancel this agreement, giving 30 days’ notice in writing if the customer fails to use the equipment in accordance with the manufacturer’s operating instructions. Any prepaid element of the service Agreement will be refunded within 30 days of cancellation taking place.
- The customer may also cancel this agreement giving 30 days’ notice in writing to Kärcher (IE) Ltd. Any and all outstanding invoices will be valid until agreed termination date.
- Equipment that has not previously been covered by a Kärcher Service Agreement needs to be brought up to a Kärcher approved standard, using Kärcher parts, fitted by a Kärcher engineer, before the agreement can commence. If remedial work is required, this will be carried out at standard labour costs, less the call out charge. Parts will be charged at list price less agreed discount. The service agreement will commence upon completion of any remedial works.
- Kärcher (IE) Ltd agrees to provide regular maintenance visits as stated in the Kärcher Service Maintenance Agreement document.
- Kärcher (IE) Ltd will use only Karcher approved parts.
- Copy service reports are available upon request.
- The customer shall be required to make the equipment available to our company representative where it is required for Kärcher (IE) Ltd to fulfil its terms of this agreement. Where access to the equipment is denied, or withheld on such a visit, it shall be deemed that the company has fulfilled their terms of the agreement.
- This service agreement does not negate the users responsibility to carry out daily/weekly operator maintenance of the equipment.
- All accidental damage and misuse, however caused, will be charged at current standard rates (unless otherwise agreed by customised agreement).
- Punctures / tyres are not included in this agreement (unless otherwise agreed by customised agreement).
- Warranty offered by Kärcher (IE) Ltd covers manufacturing defect or component failure only. This does not cover misuse, damage, neglect or fair wear and tear.
- Consumable items (non-engineer fit parts) will be charged at list price less agreed discount (unless otherwise agreed by customised Agreement).
- Chargeable parts will be charged at list price less agreed discount.
- Standard service parts are included with all agreement levels.
- Damage to chargers and batteries due to users not following the correct charging cycles, opportunity charging, defective power supply and inappropriate equipment storage etc. will invalidate all warranty/maintenance agreements and repairs/replacements will be charged at the standard rate.
- The topping up and maintenance of lead acid batteries where fitted is the responsibility of the user, these will be checked during service visits.
- a) Any variation of battery/charger fitted to the equipment from that entered into the maintenance agreement (unless agreed in writing by Kärcher) will invalidate the agreement.
- In the event that the equipment is moved to a different site Kärcher service desk must be informed immediately in writing. Aborted maintenance visits arising from the above will be charged for in full.
- All prices are subject to VAT at the prevailing rate and subject to an annual price review.
- All requests for call out will require an order number prior to engineers visit unless included in the service agreement.
- Bank Holiday and weekend call outs are not included in the service Agreement unless stated otherwise in the agreement document.
- Kärcher (IE) Ltd shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer, as a result of any negligence, breach of agreement, misrepresentation or otherwise.
- Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or equipment or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
- All engine driven equipment will be maintained on an hours basis, it is the responsibility of the user to inform Kärcher in good time of when the service is due.
- Where batteries are selected in the user agreement this covers drive batteries only starter batteries are not included.
- A loan machine will not be covered under the terms of the agreement should the equipment be inoperable due to user error, misuse or customer damage.
- Where equipment is unsafe to use following an engineer's attendance the Equipment will have a red tag placed on it and left in a safe place as determined by the user. Wherever possible the equipment will be disabled.
- The user must not, under any circumstances use this equipment until approved by a Kärcher IE engineer. Failure to comply with this unsafe procedure will result in the termination of the agreement.
- Where accidental damage is a selected option Kärcher (IE) Ltd will cover a maximum of two instances of similar damage within a 12 month period. Should any similar incidents occur during the 12 month period following the second such instance these will be charged at standard call out & labour rates as well as spare parts being charged at list price less your agreed discount.
- Should any incidents of deliberate damage be identified labour, call out and spare parts will be charged at full price, Kärcher IE will also have the right to cancel the Agreement with immediate effect.
- Kärcher (IE) Ltd reserves the right to conduct an annual contract review to ensure that the equipment usage is in line with the agreed terms. Kärcher (IE) Ltd reserves the right to re-evaluate all terms including pricing during this review.
Kärcher Professional Terms and Conditions of Service | March 2021