- Orders for Service are also subject to the Product specific Service terms and the terms indicated on the quotation.
- To be eligible for a Service agreement, Product must be at current specified revision levels and may require Agilent´s certification, at Customer´s expense, that Product is in good operating condition.
- Product relocation may result in additional Service charges and modified service response times. Service of a Product moved to another location is subject to availability.
- Customer is responsible for removing any products not eligible for Service to enable Agilent to perform Services. Additional charges, computed at Agilent´s standard rates, may be incurred for any extra work caused by such products.
- Service Agreements do not cover any damage, defects or failures caused by: use of non-Agilent media, supplies and other products; site conditions that do not conform to Agilent´s site specifications; or neglect, improper use, fire or water damage, electrical disturbances, transportation, work, or modification by non-Agilent employees or subcontractors, or other causes beyond Agilent´s control.
- Customer is responsible for maintaining a procedure external to the Product to reconstruct lost or altered Customer files, data or programs. Customer will notify Agilent if a Product is being used in an environment which poses a potential health hazard to Agilent employees or subcontractors. Agilent may require Customer to maintain such Product under Agilent supervision.
- Service prices, except for prepaid and custom Service, may be changed by Agilent upon sixty (60) days written notice. Invoices for a Service agreement will be issued in advance of the Service period.
- Cancellation of a Service order will be subject to applicable charges. Information regarding applicable Service cancellation charges is available upon request. Subject to the provision above, Customer may delete Product under a Service agreement or may cancel a Service agreement upon sixty (60) days written notice. Upon sixty (60) days written notice, Agilent may delete Product no longer included in Agilent's Service offering or may cancel a Service agreement.
- Customer may not assign or transfer a Service agreement without Agilent´s prior written consent. Any attempted assignment or transfer without such consent will be void. As conditions to such consent; (i) the assignee or transferee must agree in writing to the applicable Agilent Service terms; (ii) Agilent may require that a Product included within a Service agreement is in good operating condition; and (iii) Agilent may impose applicable charges in connection with the assignment or transfer. Customer may not assume a Service agreement in connection with any bankruptcy proceedings without Agilent´s written consent.
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