Appendix E: Hardware Support Terms and Conditions

GaP Solutions Pty Ltd

Hardware Support Agreement

Terms and Conditions as at 01/01/2013 (replacing all previous versions)

Hardware terms & operational criteria.

1. Upon receipt of hardware support payments, GaP Solutions Pty Ltd will maintain the agreed equipment including the supply of all parts and labour until the agreement is terminated (see clause 18) OR the equipment has reached it’s ‘replacement lifecycle’ point (as identified in clause 11)

2. This agreement does NOT cover equipment that has been damaged by improper use, abuse, fire, water, computer virus, power surge or any other influence outside the normal operating environment of the equipment.

3. This agreement shall cease if the equipment is repaired or interfered with by any person(s) other than by GaP Solutions Pty Ltd authorized personnel except when such person(s) are expressly requested by GaP Solutions Pty Ltd to act on their behalf.

4. Battery backup (UPS units) are classed as a consumable item and are therefore not covered by this agreement.

5. EFTPOS Pin Pads are excluded from hardware support/replacement & can be repaired on a time & materials basis; you may be covered or supported by your nominated financial institution if they were the supplier.

6. It is understood that the equipment is in good working order on the date of this               agreement becoming effective.

7. Equipment that has become obsolete or uneconomical to repair will no longer be covered by this agreement.

8.. Replacement equipment will be made available at a significantly reduced price based on a pro rata discount and covered by a continuation of the existing hardware support agreement.

    Gap Solutions reserve the right to charge a 10% premium to support rates for equipment that has exceeded the following listed life expectancies:

   a. Lane Scanners and/or Lane Scanner Scales – 9 years

   b. Lane Printers – 5 years

   c. Register PC - 5 years

   d. Touch Screens – 5 years

   e. Customer Displays – 5 Years

    f. Back Office PC (not server) – 3 years

   g. Office printer – 3 years

   h. Hand held scanners and modems – 4 Years

9. Cancellation of the hardware support agreement after replacement hardware is supplied will result in additional invoices being issued to cover the discounted amount(s).

10. Priority will be given to critical issues. Non-critical issues determined by Gap Solutions Pty Ltd will be attended to during normal office hours 8.00am to 5.00pm Monday to Friday excluding public holidays. Requests for attendance to non-critical issues outside of these times will incur charges.

Critical issues can include (but not limited to):-

No registers working

Multiple registers not working

Unable to update pricing to registers/scales

Back office computer error - cannot use/host file needs processing

POS processing failed no specials at front

All EFTPOS/multiple EFTPOS inoperable

11. EFTPOS problems are often associated with external failures or technical issues with an Argent system or the pin pad device; none of these conditions are the responsibility of nor can be rectified by GaP Solutions Support.

GaP Solutions Support will endeavour to assist with the resolution of these problems where it can.

12. Training is not covered by this agreement and shall be offered to the customer by        GaP Solutions Pty Ltd at the prevailing rates.

13. Should GaP Solutions Pty Ltd be unable to fulfil its obligations within a period of not less than fourteen (14) days a pro-rata portion of the maintenance premium may be refunded.

14. Supply of consumable items such as paper rolls, ink ribbons, laser printer toner cartridges, keys and cash drawer trays are not covered by this agreement and shall be paid for by the customer at GaP Solutions Pty Ltd prevailing prices.

15. The agreement will automatically renew itself for 12 months on: 1st day of March each year at the rate in effect at the time of renewal unless cancelled in writing by either party.

16. The standard rate for this agreement is based on the Metropolitan area; travelling and accommodation charges will apply to country areas.

17. GaP Solutions Pty Ltd shall be under no obligation to provide these support services whilst the customers account is in arrears or dispute(s) prevail.

18. Support premiums are payable in advance either monthly via direct debit or yearly via cheque or direct deposit.

19. Gap Solutions reserve the right to vary this agreement from time to time. The current agreement in effect is available via email upon request to Gap Solutions Pty Ltd. Any variations that will impact upon the operational efficiency of support services will be notified to support customers.

20. GaP Solutions shall not be liable for any claims, loss, expense whatsoever, how so ever arising, or in any event in any way whatsoever for any contingent, consequential direct/indirect special, or punitive damages arising in relation thereto, and the Customer acknowledges this express limit or liability. Further, GaP Solutions shall not be responsible directly or indirectly for any consequential loss or maintenance, use or operation of the product by the Customer, or to any third party, or from any failure of the product whether defective or not.

End of:

GaP Solutions Pty Ltd

Hardware Support Agreement

Terms and Conditions as at 01/01/2013 (replacing all previous versions)