China

雷竞技appFluke maintenance and calibration services general terms and conditions (international)

These terms and conditions constitute the Beijing fluke ShiLu instrument repair and service co., LTD and its affiliates provide maintenance and calibration services within the territory of the general terms and conditions.

In these terms and conditions:

"Associated companies", personally, is directly or indirectly through one or more intermediaries controls, or controlled by person, or jointly with the person directly or indirectly control entities.

"control", in terms of entity, is refers to the control of the entity's board of directors (or other governing body) composition, the entity of the majority of the voting stock of voting rights, or the ability to manage the affairs of the entity (whether or not it have the law enforcement effect), either by direct or indirect way, via voting securities, contract or otherwise.

"The customer"Is refers to the 雷竞技apppurchase order or otherwise require Fluke to provide services as a legal person or natural person.

"雷竞技app"Refers to accept the custo雷竞技appmer purchase order or otherwise agreed to provide services to customers of Fluke legal entity.

"雷竞技appThe specified service center"Ref雷竞技appers to the Fluke Fluke may be designated for providing services business premises or other place.

"雷竞技appService contract"Refer雷竞技apps to describe Fluke is going to perform the service agreement, job description, quotation, confirmation or plan.

"service"Refers to the maintenance (including replacement maintenance) and/or calibration services (e.g., applicable to the customer).

  1. The service period

Service (temporaryServices ex雷竞技appcept) shall be provided in the Fluke services within the time limit stipulated in the contract, unless in accordance with the terms and conditions (cancelled) in article 11 or article 12 (end) cancelled or terminated in advance.

  1. Services provide

Ex雷竞技appcept as otherwise provided in the Fluke service contract, service in the Fluke support provided and managed within the country or region.Other countries and regions of the service may be restricted or by special arrangement on the basis of the offer.Servi雷竞技appce shall be specified in the Fluke service center or customer site.

Ex雷竞技appcept as otherwise provided in the Fluke service contract, the customer shall bear the costs and risks to products shipped to the Fluke designated service center;If a雷竞技apprranged by Fluke transportation, Fluke products for each shipment of shipping and handling of invoices to the customer.If custo雷竞技appmers are unable to offer Fluke necessary documents, confirm the product has been correctly imported into the country and have to pay all applicable taxes and tariffs, customers also should pay for the product shipped to Fluke designated service center and of products from the Fluke designated service center all other fees.

Custom雷竞技appers should be allowed to Fluke when any need to provide the service contact related products.The customer应确保用户与 Fluke 在必要的程度上进行合作,以使服务能够高效且不中断地履行。对于现场服务,客户应允许 Fluke 使用 Fluke 合理地认为履行服务所必需的任何客户设备或设施。

Accord雷竞技apping to the agreed upon between the customer and the Fluke customers test range or test point of any certified and/or the specific requirements for the traceability of the calibration (may charge additional fees for specific requirements).If there is no such 雷竞技apprequirement, will be in accordance with the relevant manufacturers to provide Fluke performance test to perform;Or, if fails to雷竞技app provide, will be performed in accordance with the internal guide to of Fluke.

Ava雷竞技appilable in Fluke and Tektronix group co., LTD., a laboratory, equipment calibration, to the Fluke, but, if necessary, can also be carried out the external calibration.If cannot be calibrat雷竞技apped in the laboratory, it should be used or the Fluke Fluke authorized service providers external suppliers approved by the quality manager.

Many suppliers service customersRoHS 2Notice:雷竞技appFluke might not be able to for some, in accordance with the eu RoHS directive, REACH or essentially similar 2 product compliance requirements production of equipment for repair (except Fluke or its affiliates production equipment, such as a Fluke, Fluke Networks, the Beha - Amprobe, Tektronix and Keithley brand equipment).When a customer need any 雷竞技appkind of equipment maintenance services, must inform Fluke.Customer's notice must include all such devices in the service order specific models.If雷竞技app Fluke Fluke or its associated companies on the production of products with RoHS 2, REACH or similar compliance parts and materials, Fluke not responsible or liable.

Of the hazardous materials suppliers service clients:If the service will be雷竞技app provided in the European economic area, the customer should also provide risk classification information service provided by Fluke products (except products of Fluke and its affiliates, such as a Fluke, Fluke Networks, Beha - Amprobe, Tektronix and Keithley brand of equipment), and shall be in accordance with the latest eu regulations of dangerous goods will such products shipped to the Fluke.If the client fails to disclose any suc雷竞技apph dangerous nature of the product, or any of these products are a hazard to persons or property, Fluke shall have the right to immediately discharge or disposal of such products, in any manner without the prior notice customer, at the same time Fluke is wrong the resulting responsible for any loss or damage.Flu雷竞技appke, moreover, shall have the right to recover any shipping costs to the customer (even if the product is not delivered), plus expenses incurred any discharge or disposal of such products.The customer应对 Fluke 或任何其他人因此类产品而遭受的所有损失和/或损害负责,无论客户是否披露其危险性质,并兹此同意就任何人因此类产品而产生的所有责任和所有索赔为 Fluke 提供辩护和赔偿。

Export controls:雷竞技appFluke products (commodities, software and technology) and services by the United States, the European Union and other countries export control/sanctions against the constraints of the laws and regulations.The customer不得直接或间接向受美国、欧盟或其他国家法律法规限制此类出口、再出口或运输的任何国家或用户出口、再出口或运输 Fluke 产品或技术,除非事先获得任何必要的政府许可、授权、认证或批准。严禁在设计、生产、使用或储存化学、生物或核武器或导弹的任何相关活动中直接或间接使用、销售、再出口、交付或再运输 Fluke 的产品和技术。任何违反出口管制法律法规销售的 Fluke 产品都无法得到 Fluke 的维修或支持。因此,对任何此类产品的保修均无效。

If the c雷竞技appustomer provide Fluke products or related technical information (such as calibration specification) by the international arms trade regulations (ITAR) regulation, the customer must inform Fluke before shipment.All technical information must be marked as ITAR controls, customers should mark according to a statement from any applicable U.S. defense department distribute all technical data.

If customer products export license is needed to return, or trading party (including customers) was listed in the United States, the European Union or other applicable national party list, or located in the United States, the European Union sanctions or embargoes or other applicable countries countries/regions, customer agrees to participate in the applicable license application.Customer c雷竞技appommitment will be required to provide relevant Fluke Fluke of the end use product maintenance, complete information, and any other required documents.For delay by governments refuse, revocation,雷竞技app suspension or issue any export license or authorization necessary due to the delay in delivery or not delivery, Fluke does not undertake any responsibility.

If customers, service the beneficiary or the other side of the雷竞技app associated with trading was listed in the United States, the European Union or other applicable countries/regions restricted party lists, or in the country/region by sanctions and embargoes, Fluke can decide to cancel all or part of the order, refuse to perform any services (including but not limited to any repair or replacement under the service plan).

  1. CALWEB

All use CalWeb.tek.com and CalWeb Service should be CalWeb ® (visit https://www.tek.com/en/calweb-terms-and-conditions-use for terms of use and conditions of jurisdiction.

  1. Service scope

In addition to雷竞技app is still in the initial warranty or has been covered by a Fluke service contract products, Fluke products only after authorized service representative is qualified after checking into the service plan or scope of services under the ongoing contract.When the demand is made into the scope of service before or, customers have the responsibility to mark any performance defects.雷竞技appFluke will according to the customer's request to Fluke rate at the time of each service will be performance up to the manufacturer's specifications.If 雷竞技appFluke then confirm the new cover products due to the unknown defect of preexisting does not conform to the manufacturer's specification, the client shall (a) to cancel the product range of additional services, or (b) request Fluke to each service rates at that time the product performance up to the manufacturer's specifications.Wit雷竞技apphout the prior written consent of Fluke customers Fluke service contract to cover any product must not be transferred to other venues (such consent shall not unreasonably refused).

  1. The service level

雷竞技appFluke that stipulated in the contract shall be in accordance with the applicable Fluke service level of service (if any) to provide services.In the case o雷竞技appf does not apply to such contract, services specified in the Fluke Fluke to normal working hours (except public holidays) to provide services.

  1. Service fees and discounts

Service i雷竞技appnitial fee will be shown in fees for Fluke service contract, and applies only to the designated products.Later added to the service range of products will take effect when according to add the cost of the charge.Do not apply if the servi雷竞技appce contract, or if such document is not specified, Fluke to its scope of services or other services charge standard.雷竞技appFluke service without tax.Un雷竞技appless otherwise stated in the Fluke service contract, otherwise will issue charge invoices in advance.If during the term o雷竞技appf service will be the product removed from the scope of service, there may be fewer Fluke Fluke in related services within the time limit to give customers a discount (if any).However, the adjustment of the discount (either rise or fall) have no effect to trace.

  1. The order

Custo雷竞技appmers according to the quotation, order confirmation or other Fluke Fluke service contract documents, submit the purchase order or accepting services shall be deemed to have accepted the terms and conditions, but does not include the customer purchase order on any additional or different terms or conditions, even if such orders to Fluke agreed such additional or different terms.

  1. Taxes and fees

Fo雷竞技appr any taxes or Fluke Fluke of obligation to charge related to the service of any tax and fee to the account as a separate item in the Fluke on the invoice.If the customer can be free fr雷竞技appom any such fee, the customer is responsible when ordering service to provide evidence of such waiver Fluke.

  1. pay

Unle雷竞技appss otherwise stipulated in the Fluke service contract, the client shall within thirty (30) days of the invoice date, for Fluke referred to in the invoice currency issued by Fluke of the full amount paid.If the customer雷竞技app fails to pay any money, Fluke may refuse to provide services under this agreement.If the customer f雷竞技appails to use the service scope of purchase, Fluke not adjust any service charge.As offset or counterclaim) the customer has no right to make any deductions.

雷竞技appFluke shall have the right to the highest amount of 1.5% per month or applicable law allows (in small amount shall prevail) charge any deferred payment of interest and late payment charge interest on the accumulated by the day.If 雷竞技appa Fluke that customer have the necessary financial status or payment record, Fluke might change their credit terms or suspend the performance.The cus雷竞技apptomer agrees to pay the Fluke due to charge any overdue payments generated by any third party collection expenses, including attorney's fees.

  1. Replacement parts, modules, and products

雷竞技appFluke is used to provide service components, modules, and replaced product may be new, may also be renovated (performance and new equivalent).The customer has no right to denial of service due to renovation materials used or require lower service charge.雷竞技appFluke replacement of any parts, modules, and owned by Fluke products.

  1. cancel

For a year or years service cont雷竞技appract, the customer can be ninety (90) days advance written notice to Fluke to cancel a specific product service.For the effective date to cancel (including date) before any services within the scope of the product, do not allow the previous pay service charge to the customer request a refund, credit or adjustment in other ways.In 雷竞技appaddition, Fluke in the related service period give customers discount (if any) will be immediately returned to a Fluke.In meet the require雷竞技appments of the above cases, the customer shall have the right to choose, according to a Fluke, it has prepaid the service charge for a refund or credit.

  1. Termination of

If the customer fails to pay any mo雷竞技appney due or any other important terms in violation of these terms and conditions, Fluke can written notice to terminate the Fluke customer service contract, if the customer received about such non-payment or other major written notice of default, and not paying or other major default in within thirty (30) days after receipt of such notice persist or remedied.雷竞技appFluke service contract termination will not release any service provided by the customer for the payment of service obligations.Excep雷竞技appt as otherwise provided in the applicable Fluke service contract, Fluke can also be ninety (90) days in advance with written notice to the customer, provide service termination.

  1. The warranty

雷竞技appFluke that will provide services in a professional manner, since the installation of all parts in the process of maintenance service within three (3) months from the date of the material and manufacturing defects, at the same time, the test environment in line with the Fluke service contract specifications.If any installation in the process of maintenan雷竞技appce or repair parts of any new or refurbished parts within three (3) months warranty has been proven defective, Fluke will work to correct defective and replace defective parts (if applicable), not for parts and labor cost.If 雷竞技appthe Fluke can't correct defective work and/or replace defective parts, Fluke will return the related services for service.The customer必须在三 (3) 个月保修期到期之前将存在缺陷的情况通知给 Fluke ,并为履行服务做出适当的安排,否则将被视为客户放弃任何索赔。有关 Fluke 标准服务保修的更多信息,请咨询 Fluke 当地服务代表。Fluke 不为与所履行服务无关的原因而导致设备在退回客户后的损坏承担责任。

Within the scope of the law allows the biggest, the above an express warranty to replace all other express and implied warranty, legal guarantee or other guarantee related to the services,雷竞技appAnd its suppliers do not provide merchantability or satisfactory quality, applicable to a particular purpose or non-infringement of any implied warranty.In the legal maximum allowable range,雷竞技appAnd to correct its work/Related to or replacement of defective parts (such as) responsibility is to cause violation of this warranty and the only exclusive remedy provided to clients.

  1. confidentiality

雷竞技appFluke recognize that during the performance of the services, Fluke and their agents or employees may come into contact with confidential information associated with the customer business or development.雷竞技appAs agreed for their Fluke information confidentiality of such information for the customer as confidential, without the prior written consent of the customer, not to any other individual or organization to disclose such information.

  1. exclusions

According 雷竞技appto the terms and conditions, Fluke does not assume the following obligations:

  • Main雷竞技apptenance for damaged by Fluke definition, abuse, excessive use or misuse, and no fault of Fluke of any product;
  • Repair any unauthorized modification after the repair or maintenance, performance is impaired or hinder the normal use of the product;
  • For aesthetic purposes for any product paint or surface modification;
  • Provide any application software support or any kind of service involving application of hardware;
  • Repair or 雷竞技appreplace any parts, Fluke services except in the case of otherwise stipulated in the contract.

雷竞技appFluke according to the customer's request to provide such services, but rate should be based on the time of the parts and service fee invoice.

  1. The force majeure

雷竞技appFluke not due to any reason beyond the reasonable control of the responsible for any delay or performance, including terrorism, natural disasters or government behavior, epidemic, telecommunications, electricity, or transportation interruption, contractors, or to the performance of suppliers, export control sanctions or embargoes or unable to obtain the necessary labor or materials.In the even雷竞技appt of any such situation, Fluke reserves the right to cancel the applicable orders.

  1. Limitation of liability

Except in the case where the law prohibited, in any case,雷竞技app, its representatives, affiliates, or suppliers are not responsible for the customer or to any third party, the compensation for the damage or failure or delay of the product maintenance maintenance products, violation of these terms and conditions or any other reasons, unable to about or related to provide service for product or value loss caused by the liable consequential, indirect, incidental, special, exemplary, punitive or aggravate the damage, profit or loss of revenue, loss of use, loss of time, responsible for data loss, even雷竞技appAlready foresee such damage, or the customer has told雷竞技appThe possibility of such damage, regardless of how the law or in equity theory which is the basis of the claim.

Except in the case where the law prohibited, in any case,雷竞技appAccording to the terms and conditions to provide service claims responsibility, shall not exceed customer claims to cause a particular service or paying customers based on specific cause the claim雷竞技appService contracts in the past six months to pay the total cost (in small amount shall prevail).

  1. notice

All of these terms and conditions required or authorized notice shall be issued in writing, and will be deemed effective after received.Notice should be sent to the customer service issued to the customer order as shown in the address.To雷竞技app the Fluke of notice should be sent to the designated service center address Fluke.

  1. The application of law

These term雷竞技apps and conditions shall be registered by Fluke under the jurisdiction of the laws of a country/region.

  1. Entire agreement

These terms and conditions should include both sides complete agreement with respect to its subject matter.These terms and conditions associated with the same topic will replace all prior agreements and all prior negotiation results.Unless amended in writing signed by the authorized representatives of both parties shall revise these terms and conditions.

  1. A waiver

Either party at any time fails to perform any provision of these terms and conditions shall not be construed to give up in terms of each of such provisions or later claim rights.Any party to waive any other ACTS of violation of these terms and conditions, whether express or implied, should not be interpreted as a claim any other violation of the terms or conditions.

  1. The transfer

Wit雷竞技apphout prior written consent of the Fluke, the customer may not assign or otherwise transfer its rights or obligations under this agreement.In violation of the雷竞技app provisions of any assignment or transfer behavior are no Fluke company are binding.

On June 8, 2022 revision