Logic Company Limited
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Agreement No............
LogicFix Gold Computer System
Maintenance and Repair Agreement
Made at Logic Co., Ltd.
Xx. 000, Xxxxxxxxxx Xxxx,
XXX Xxxxx
Chongnonsi, Yannawa,
Bangkok
on the 1st date of September, 1998
This Agreement is made between King Power Tax Free Co., Ltd. by Mr.
Viratana Suntaranond, authorized to sign in obligation of the Company, office
located at No. 989, 26th-27th Floors, Xxxx Xxxxx, Xxxx X Xxxx, Xxxxxxxxx,
Xxxxxxxxx, Xxxxxxx 00000, hereinafter called, "Employer"; and Logic Co., Ltd.,
by Mr. Trairat Jaisamran and Miss Netchanok Tangsupanich, authorized to sign in
obligation of the Company, office located at Xx. 000, Xxxxxxxxxx Xxxx, XXX
Xxxxx, Xxxxxxxxxx, Xxxxxxx, Xxxxxxx 00000, hereinafter called "Contractor". Both
parties have agreed as follows:
Section 1. The Employer agrees to hire and the Contractor agrees to be
hired to provide a LogicFix Gold computer system maintenance and repair service
contract as specified in Appendix 1, installed on the 26th-27th floors, Xx. 000,
Xxxx Xxxxx, Xxxx X Xxxx, Xxxxxxxxx, Xxxxxxxxx, Xxxxxxx 00000, Tel: 000-0000-00
Section 2. The Employer agrees to pay Bt203,648.00 (Two Hundred and Three
Thousand, Six Hundred and Forty-Eight Baht Only) to the Contractor as service
fees for the 2nd-4th years. Payment shall be made in installments -- 3 (three)
installments a year -within 30 (thirty) days from the date of sending the
invoice and Service Report to the Employer. The Employer agrees bear valueadded
taxes.
In case of late payment, if the Employer fails to make payment by the
period later fixed by the Contractor, the Employer agrees to pay interest on
overdue service fees along with other expenses at the rate of 3 (three) percent
per month.
Section 3. This Agreement shall be enforced from the................date of
..................to the........date of .............., totalling 48 months
(4 years.)
Section 4. The scope of service by the Contractor is as follows:
4.1 The Contractor shall provide maintenance services and repair
the computer system under this Agreement upon the Employer'
request at the site specified in Section 1.
4.2 The Contractor shall provide a service to the Employer under
this Agreement during the Contractor's working days and
hours as specified in Appendix 1.
4.3 The Contractor shall provide consultation services in the
maintenance and repairs of the computer system under this
Agreement to the Employer through telephone, facsimile,
electronic mail upon the Employer's request depending on the
nature of problems and equipment.
4.4 If the Employer's computer system under this Agreement
breaks down, the Contractor shall assign one of his
employees to provide consultation through telephone by:
4.4.1 In case the whole system breaks down and cannot
function, the Contractor shall provide an immediate
consultation.
4.4.2 In case of a breakdown in which the system can still
function but not completely, the Contractor shall
provide a consultation in 2 hours from the time of
notification.
4.4.3 In case of a slight defect not affecting the
Employer's work, the Contractor shall provide a
consultation in 4 hours from the time of
notification.
4.5 In case the Employer's computer system under this Agreement
breaks down and the Employer wants the Contractor to repair
it, the Contractor shall send its officers to repair it by:
4.5.1 In case the whole system breaks down and cannot
function, the Contractor shall send its officer to
repair in 4 hours from the time of notification.
4.5.2 In case of a breakdown in which the system can still
function but not completely, the Contractor shall
send its officer to repair in 1 day from the time of
notification.
4.5.3 In case of a slight defect not affecting the
Employer's work, the Contractor shall send its
officer to repair at the time both parties are
comfortable.
4.6 The Contractor shall hand over part of the manufacturer's program
to correct the patches to the Employer upon request if the
manufacturer allows the Contractor to disseminate and/or
distribute, give away the said program. The Employer has the
right to ask the Contractor to install such part of the program
for the Employer.
4.7 The Contractor shall hand over a Solaris new version of
Enhancement Release and Maintenance Release which the
manufacturer releases to the market and/or allows it to be
distributed or given away to the Employer. The Employer has the
right to ask the Contractor to install such release for the
Employer -one installation per one version -- at the site
specified in Section 1.
4.8 The Contractor shall hand over the Sun Solve Software to the
Employer. The Employer has the right to ask the Contractor to
install such release for the Employer -- one installation per one
version - at the site specified in Section
4.9 The Contractor shall explain the defect of the system as
described by the manufacturer to the Employer if the said
information is not classified as confidential by the manufacturer
and can be publicized. The Employer can receive such services via
an electronic mail in the Internet.
4.10 The Contractor shall inspect the computer system under this
Agreement four times a year. And each PM visit to the 2 sets
which requires to shut down the computer system shall be made on
Saturday-Sunday.
Section 5. The Employer's duties and responsibilities
5.1 The Employer shall be cooperative to the Contractor while
offering services to the Employer under this Agreement.
5.2 In case the Contractor feels that a defect of the computer system
under this Agreement may be caused by other equipment outside
this Agreement, the Employer shall coordinate and seek
cooperation from a person responsible for the maintenance of that
equipment to correct that defect.
5.3 The Employer shall notify a problem or defect and ask for a
service from the Contractor through telephone numbers or hot
lines provided by the Contractor as follows:
Normal business hours (08:00 - 17:00 hours)
-------------------------------------------
Telephone 000-0000, 678-0488 and 287-4992
Facsimile 678-0321
For customers who have purchased
additional services
Electronic Mail xxxxxxxxx@xxx.xx.xx
Outside normal business hours
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Telephone 00-0000000
Pager (1144)724093,719437
5.4 Within 15 days after the Agreement signing, the Employer shall
specify in writing not more than 5 persons responsible for
contacting the Contractor to report a problem and/or ask for a
service.
5.5 To report a problem and/or ask for a service from the Contractor
under this Agreement, the Employer shall have to assign only the
persons listed in Section 5.4 to contact the Contractor.
In case the Employer wants to change the persons responsible for
contacting the Contractor to report a problem and/or ask for a
service, the Employer shall notify in writing of the change along
with names of persons newly assigned.
Section 6. Asking for the following services shall be considered outside
the maintenance and repair service agreement:
6.2 Administration services such as
6.2.1 Back up and restore information
6.2.2 Increase or decrease the number of users, printers,
computer system, etc.
6.2.3 Performance tuning
6.3 Integration services, for instance, asking the Contractor to
install equipment not supplied by the Contractor to integrate
with the system which the Contractor offers maintenance and
repair service under this Agreement.
6.4 Damage caused by misuse, accident, natural disaster, riot, war,
loss or strange items leaked in to damage the equipment under
this Agreement.
6.5 Damage caused by careless use.
6.6 Damage caused by disassembling, studying components, repairing,
modifying, or trying to modify the equipment without consent in
writing from the Contractor.
6.7 Damage caused by adding other equipment outside the Agreement to
integrate with the equipment under this Agreement without consent
in writing from the Contractor.
Section 7. In case the Employer asks for a maintenance service or to
correct a defect asides what's agreed upon in this Agreement at the Employer's
site stated in Section I and the Contractor can handle that for the Employer,
the Employer shall pay time and material service fees to the Contractor who will
offer a 15% discount of the normal rate, except travelling expenses of field
officers.
This Agreement is made in two identical copies. Both parties have hereby
read and understood all the statements, and then signed their names and had
company seal affixed in the presence of witnesses on the specified date:
...................signed......................Employer
(Mr. Viratana Suntaranond)
King Power Tax Free Co., Ltd.
...................signed......................Contractor
(Mr. Trairat Jaisamran and Miss Netchanok Tangsupanich)
Logic Co., Ltd.
...................signed......................Witness
(Miss Somjitr Techaaiemamorn)
...................signed......................Witness
(Miss Soipetr Mutasintu)
