《维修合同中英文对照（新版）.doc》由会员分享，可在线阅读，更多相关《维修合同中英文对照（新版）.doc（13页珍藏版）》请在三一办公上搜索。
1、维修合同中英文对照英文：Service Agreement 1.Definition. ABC shall mean ABC (China) Electronics, Ltd. Customer shall mean the customer named in the Agreement; and Product shall collectively mean the Equipment and Software which ABC and Customer agree to be serviced pursuant to this Service Agreement. Such Produc
2、t is listed on the first page of this Agreement. 2.Acceptance. The terms and conditions set forth on all twelve pages of this Agreement is an offer to purchase Service by Customer which shall become a Service Agreement when acknowledged in writing by ABCs Service Department; and the banking, negotia
3、tion or other use of any payment shall not constitute an acceptance by ABC. It is agreed that Service shall be provided only on the terms and conditions contained in this Agreement. ABC shall not be bound by terms and conditions in Customers purchase order or elsewhere unless expressly agreed to in
4、writing. Both parties to this Agreement agree that upon acceptance by ABCs Service Department, ABCs interest in the Agreement is assigned to ABC, Inc. (MINC). 3. Service Defined ABC agrees to provide service for the Customer for the Product listed on the first page of this Agreement. Such Products s
5、hall be serviced according to the terms and conditions on all twelve pages of this Agreement (Service). The Service shall begin and end on the dates set forth on the first page of this Agreement. ABC shall also Service other Product manufactured by MINC. or MINCs subsidiaries and purchased by custom
6、er during the term of this Agreement on the same terms and conditions set forth in this Agreement at the then current service fees for such Product. Upon delivery of such other Product to Customer, service fees for Service of such other Product shall be added to the billing cycle following expiratio
7、n of the labor warranty on such other Product. In the event of loss, damage, theft or removal from Service of any Product, Customer shall immediately report the loss, damage, theft or removal in writing to ABC. In this event, Customers obligation to pay service fees with respect to any such Product
8、shall terminate at the end of the month in which ABC receives such written report. Mobile Product shall be removed and reinstalled in different vehicles at Customers request for the service fee in effect at the time of Customers request. This Agreement does not include service of any transmission li
9、ne, antenna, tower or tower lighting, unless such work is described on the first page of this Agreement. Service shall include the labor and parts required to repair Product which has become defective through normal wear and usage. This does not include consumable and their installation. Service doe
10、s not include the repair or replacement of Product which has otherwise become defective, including, but not limited to, damage caused by accidents, physical or electronic abuse or misuse, acts of God, fires or other casualty. Service performed for non-covered repairs shall be billed at ABCs above co
11、ntract rate applicable for such Service. Product under contract must be maintained in environmental conditions as set forth in the Product specifications and damage resulting from environmental conditions not conforming to the specifications is not covered by this Agreement. Where telephone lines an
12、d Product are used in conjunction with ABC maintained Product, ABC shall have no obligation or responsibility for such telephone lines or Product but shall, upon request, assist the Telephone Company in repairing such upon payment at the appropriate above contract rate. Customer shall indicate on th
13、e first page of this Agreement any Product which is intrinsically safe so that appropriate parts and procedures may be used to maintain such status. At the expiration of twelve (12) months after the commencement of Service hereunder (or any time thereafter), if Product cannot in ABCs opinion be prop
14、erly or economically repaired, because (but not limited to) excessive wear, deterioration or unavailability of parts, ABC at its sole option, upon thirty (30) days prior written notice to Customer sent by certified mail, may either: (1) remove such Product from this Agreement; or (2) may increase th
15、e price to Service such Product. Customer shall have thirty (30) days from receipt of notice of price increase to object to such increase. If Customer properly objects to such increase, ABC shall then have the option to remove such Product from coverage by this Agreement. Customers obligation to pay
16、 Service fees with respect to Product removed from this Agreement shall terminate at the end of the month during which such Product is removed. 4. Service Standards. The Product shall be serviced by ABC in accordance with the following standards: (i) ABC parts or parts equal quality shall be used; (
17、ii) the Product shall be serviced at levels set forth in ABCs product manuals; and (iii) routine service procedures prescribed from time to time by ABC for its Product shall be followed. 5. Time And Place of Service. Service shall be done at the location specified on the first page of this Agreement
18、. Where Service is to be performed at the location of the Product, Customer shall furnish shelter, heat, light and power at these locations, Customer shall notify ABC immediately of Product failure, allow ABC full and free access to the Product, and cooperate fully with ABC in ABCs servicing of the
19、Product. Waiver of liability by ABC against Customer or other restrictions shall not be imposed by Customer as a site access requirement. Customer shall allow ABC full and free access to the Product. Customer shall allow ABC to use necessary machines, communications, facilities, features and other p
20、roduct (except as normally supplied by ABC) at no charge. Mobiles and removable Product shall be delivered by Customer to the ABC Service Center indicated on the first page of this Agreement. Hours of Service under this Agreement shall be the normal working hours, excluding holidays, of ABCs Service
21、 Center unless otherwise indicated on the first page of this Agreement. 6. Payment/Taxes. Each payment is due on or before the date set forth on the first page of this Agreement. ABC may terminate this Agreement by giving Customer ten (10) days notice by certified mail if Customer defaults in its pa
22、yment to ABC. Customer shall reimburse ABC for all property taxes, sales and use taxes, excise taxes, and the taxes or assessments now or hereafter imposed by authority of any National or Local law, rule or regulation with respect to the Service of the Product except income taxes or other legally re
23、imbursable taxes of ABC. 7. Right to Subcontract. ABC shall have the right to subcontract in whole or in part the Service called for by this Agreement. ABC shall notify Customer of the name and address of each subcontractor. 8. Revision of Fees. Prior to an Anniversary of the Expiration Date indicat
24、ed on the first page of this Agreement, ABC may revise the Service fees set forth on the first page of this Agreement by giving Customer written notice of the amount of the increase at least sixty (60) days in advance of that Anniversary date. Upon receipt of any such notice, Customer may terminate
25、this Agreement on the Expiration Date or any Anniversary of it upon thirty (30) days prior written notice to ABC sent by certified mail to the address indicated in this Agreement; otherwise the new fees shall become effective on the Anniversary date. In the event of such termination, all accrued and
26、 unpaid charges shall be due and payable immediately upon termination. 9. Automatic Renewal. After the Expiration Date indicated on the first page of this Agreement, this Agreement shall continue for successive additional periods of one year, provided that either ABC or Customer may terminate this A
27、greement on the Expiration Date or any Anniversary of it upon thirty (30) days prior written notice to the other party sent by certified mail to the address indicated in this Agreement. 10. Interruption of Service. Customer shall notify the servicing agency in the event of the failure of any Product
28、. If the servicing agency fails to repair the Product within a reasonable time, Customer shall notify the ABC office designated by ABC. After said notice from Customer to the servicing agency and to the ABC office designated by ABC, ABC shall be liable for any interruption or interference affecting
29、the use or transmission through the Product maintained to the extent of a pro rata allowance based on the monthly service fee for the time such interruption or interference is attributable to the fault of ABC or its subcontractor. ABC does not assume and shall have no ability under this Agreement fo
30、r failure to provide or delay in providing service for the Product due directly or indirectly to causes beyond the control of ABC, including, but not restricted to, acts of God, acts of the public enemy, acts of the PRC, the United States, any State, Territory of the United States, or any political
31、subdivision of the foregoing, or the District of Columbia, acts of failure to act of the Customer, its agents, employees or subcontractors, fires, floods, casualty, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather conditions or defaults of ABC subcontracto
32、rs due to any such causes. 11. Warranty Limitations. Except As Specified in This Agreement. ABC Disclaims All Warranties, Express or Implied, Including, Without Limitation, the Implied Warranties of Merchantability and Fitness for A Particular Purpose. In No Event Shall ABC Be liable for Incidental
33、or Consequential Damages to the Full Extent Such May Be Disclaimed by Law. 12. SRRC or MPT and Other Government Matters. Although ABC may assist in preparation of the SRRC or MPT license application, Customer is solely responsible for obtaining any licenses or other authorizations required by the St
34、ate Radio Regulatory Commission (SRRC) or Ministry of Post and Telecommunication, or any other National and/or Local governmental agency. Customer is solely responsible for complying with applicable SRRC or MPT rules and regulations and the applicable rules and regulations of any other National and/
35、or Local governmental agency. Neither ABC nor any of its employees is an agent of Customer in SRRC or MPT or other governmental matters. ABC, however, may assist in preparation of the SRRC or MPT license application at no charge to Customer. 13. Entire Agreement. Customer acknowledges that it has re
36、ad and understands the terms and conditions of the Agreement and agrees to be bound by them, that it is the complete and conclusive statement of the agreement between the parties and that this Agreement sets forth the entire agreement and understanding between the parties relating to the subject mat
37、ter hereof and all understandings and agreements, oral and written, heretofore made between ABC and Customer, are merged in this Agreement which alone fully and completely expresses their agreement. 14. Amendment. No modification of or additions to this Agreement shall be binding upon ABC unless suc
38、h modification is in writing and signed by the ABC Division Service Vice President authorized to make such revisions and an authorized agent of Customer. 15. Validity. If any term or provision of this Agreement shall to any extent be held by a court or other tribunal to be invalid, void or unenforce
39、able, then that term or provision shall be inoperative and void insofar as it is in conflict with law, but the remaining terms and provisions of this Agreement shall nevertheless continue in full force and effect and the rights and obligations of the parties shall be construed and enforced as if thi
40、s Agreement did not contain the particular term or provision held to be invalid, void or unenforceable. 16. Headings. Section and paragraph headings used in this Agreement are for convenience only and are not to be deemed or construed to be part of this Agreement. 17. Law. This Agreement and the Rig
41、hts and Duties of the Parties Shall Be Governed and Interpreted in Accordance With the Laws of the PRC. 18. Assignment. No assignment or transfer, in whole or in part, of this Agreement by Customer shall be binding upon ABC without its prior written consent. 19. Waiver. Failure or delay on the part
42、of ABC or Customer to exercise any right, power or privilege under this Agreement shall not operate as a waiver of any right, power or privilege of this Agreement. 20. Time To Sue. Except for money due upon an open account, no action shall be brought for any breach of this Agreement more than two (2
43、) years after the accrual of such cause of action except where a shorter limitation period is provided by applicable law. 21. Language. This Agreement is executed in both Chinese and English versions. In case of any discrepancy, the English version shall prevail.中文：维修合同 1. 定义 - ABC是指ABC(中国)电子有限公司；客户
44、指合同中提到的客户； 产品 指ABC和客户同意依据此维修合同进行维修的设备及软件。这些 维修合同进行维修的设备及软件。这些 产品列在合同的首页。 2. 接收 - 合同的首页及以下十一页所阐述的条款及条件是客户购买维修的提议，经ABC维修部门书面承认后，它将成为一个合同。ABC将客户所付款项入帐、兑现或作任何其它用途，都不构成它对此提议的接收。双方一致同意ABC只在本合同所规定的条款及条件下提供维修。不经明确书面同意，ABC将不受用户购买定单或其它地方的条款和条件限制。一旦ABC的维修部门接收这个合同，合同中的ABC利益归ABC公司所有。 3. 规定的维修 - ABC同意对合同首页所列的产品为客
45、户提供维修。ABC将按照此合同首页及以下十一页所规定的条款和条件对这些产品提供维修。维修的起止年限以合同所述日期为准。ABC还将按照合同所阐述的同等条款及条件，以当时维修费标准为客户在履行合同期间所购买的ABC公司以及其子公司生产的其它产品提供维修。一旦这些其它产品交付给客户，ABC将在其保修期截止前，将这些产品的维修费加入定期帐单。对于任何产品在维修期间有丢失、损坏、被盗或迁移事件发生，客户应立即向ABC书面报告此类丢失、损坏、被盗或迁移事件。针对此类事件，ABC将于收到书面报告的当月月底终止客户对此类产品相关的维修费支付义务。 - ABC将根据客户要求拆除车载产品并将其安装在其它车辆上，此
46、项服务按客户提出要求时的服务费标准收费。 - 如果合同首页没有说明，本合同将不包括馈线、天线、发射塔或发射塔照明装置等维修。维修包括维修正常磨损及使用损坏的产品所需要的劳务以及配件，但不包括消耗品及它们的安装。维修不包括维修或更换由于其它原因造成损坏的产品。这些原因包括(但不仅限于)意外事故、物理或电子滥用、错误操作、不可预知因素、火灾或其它灾难。为没有提到的维修提供维修将按高于合同标准的ABC维修收费标准收取费用。合同中的产品必须在产品说明书所述环境条件下进行维修。环境条件与产品说明书不符造成的损坏不在本合同维修范围之列。 - 对于将电话线和其它产品与ABC维修的产品联接使用的情况，ABC对
47、此类电话线和产品将不负任何责任，也不承担任何义务，但将根据要求协助电话公司进行维修，并按高于合同标准收取适当费用。 - 客户应在本合同的首页标明处于固有安全状态的所有产品，以便使用合适的备件及操作步骤维护此种状态。 - 维修开始十二个月期满后 (或此后的任何时候)，如果ABC认为由于 （但不 仅限于）产品过度使用、性能劣化或无配件等原因而不能进行适当的或经济的维修，ABC将单方面作出如下两种选择：(1)将此产品从合同中去掉；或(2)提高此产品的维修费。在作选择之前，ABC将提前30天以带回执的信函书面通知客户。客户收到维修费增加的通知后，可以在30天内对此提出反对意知后。如果客户有正当理由反对
48、维修费增加，那么ABC将选择第(1)条，即将此产品从合同中去掉。客户支付此类产品维修费的义务将于产品从合同中被去 掉的当月月底终止。 4. 维修标准 - ABC将按如下标准对产品进行维修： (1)使用ABC配件或同等质量配件；(2)按ABC产品手册所述标准对产品进行维修；(3)遵循ABC对其产品提 出的常规维修程序。 5. 维修时间与地点 - 维修将在合同首页规定的地点进行。如维修在产品所在地进行，客户应在该地提供遮挡、暖气、照明及电力。产品出故障时，客户应立即通知ABC，并 允许ABC自由、全面地接触产品。在ABC对产品维修期间，客户应与ABC全面合作。客户不能将ABC放弃对客户的责任追究权
49、或其它限制条件强加给ABC而作为允许其进入现场之条件。客户应该允许ABC自由、彻底地接触产品、了解产品状况。客户应允许ABC免费使用必要的机器、通讯设施、设备、特征及其它产品(ABC正常提供的除外)。车载台及可以卸下的产品应由客户运送到本合同首页所指定的ABC维修中心。 - 除非合同首页特别指明，本合同下的维修服务时间为ABC维修中心的正常工作时间，不包括节假日。 6. 支付/税金 - 每笔款项应在合同首页所述日期的当天或前几天支付。如果客户不履行合同，没有支付ABC有关费用，ABC将通过带回执的信函通知客户终止合同。除了所得税及ABC可以通过合法手续得到补偿的税以外，客户应补偿ABC与产品维修有关的所有财产税、销售和使用税、其它的税种及现在和将来国家和当地法律 和规章制度征收的税或有关资产费用。 7. 分包合同权 - ABC有权对合同要求的全部或
