Calibration Contract

WHAT THIS CALIBRATION CONTRACT COVERS:

This Calibration Contract comprises the following services provided at the Supplier's premises:

Annual inspection, testing and recalibration of the Instrument.

Annual recalibration or exchange (at the Supplier's option) of the Sensor comprised within the Instrument.

Provision of each successive upgrade version of software programs comprised in the Instrument, the availability of which will be notified to the customer as soon as reasonably practicable after its release.

Ad hoc repair or replacement (at the Supplier's option) of the Instrument or of a part of the Instrument in the event of a fault occurring within the Instrument.

Full telephone technical and application support.

Dispatch of the Instrument back to the Customer.

WHAT THIS CALBRATION CONTRACT DOES NOT COVER:

This Calibration Contract does not cover maintenance or rectification of faults arising in the following circumstances (although the Supplier will be willing to provide those services at its normal service rate as applicable at the relevant time):

The Customer's failure to operate the Instrument in accordance with all the applicable instructions (including maintenance of the correct power supply).

The Instrument being altered, modified, repaired or maintained by someone other than the Supplier without the Supplier's prior written consent.

The use of the particular Instrument in conjunction with equipment other than the equipment specified by the Supplier as being suitable for use in conjunction with the Instrument.

Any accident affecting the Instrument (including without limitation, fire, water, lightning and malicious damage).

Maintenance, rectification of faults or recalibration services provided anywhere other than the Michell Instruments factory in Nuffield Close, Cambridge, UK.

RESPONSIBILITY FOR THE INSTRUMENT:

In all circumstances where Calibration and maintenance is to be provided by the Supplier under the terms of this Contract, the Customer will first contact the Supplier and agree a date for delivery of the Instrument to the Supplier. Thereafter, it will be the Customer's responsibility to ensure that the Instrument is delivered on or before the agreed date for delivery.

If the Customer fails to pay any sums due to the Supplier, whether under this or any other contract, the Supplier will be entitled to retain the Instrument pending payment and to charge the Customer an additional storage fee calculated at £20 per month per Instrument.

The Supplier will not be obliged to arrange carriage of the Instrument to its premises unless it has specifically and in writing agreed to do so.

The Customer shall at all times be responsible for risk or damage to the Instrument and for insuring against such risk, notwithstanding that the Instrument may be in the custody of the Supplier and/or that such loss or damage may have been caused (inter alia) by the negligence or wilful fault of the Supplier or its employees or representatives.

GENERAL

Except to the extent that there may be inconsistencies with the terms of this Agreement, the provisions of the Supplier's standard terms and conditions of business, a copy of which the Customer acknowledges having received, shall be incorporated into this Contract.