1.     Touchmate® will be the administrator of the “Client” warranty.

2.     A third party company facilitates Helpdesk and support: “Paris Technology”. Touchmate will not be held responsible for the actions or inactions of “Paris Technology”.

3.     The warranty period will start from day of delivery of the kiosk.

4.     Contract includes 24/7 helpdesk support.

5.     Contract includes four-hour response.  (Four hours response is calculated from the time a warranty service call was logged to the time the next available technician has been booked for the job).

6.     Business hours are 9am to 5pm. Monday to Friday – excluding public holidays.

7.     Contract cover is for hardware only and covers system failure due to normal usage.

8.     Contract cover includes all parts and labour for the term of the manufacturers own warranty, see appendix A

9.     Contract Specifically excludes all software related issues, including but not restricted to Operating system issues i.e. windows

10.   Software installation is not covered under warranty.

11.   Contract excludes freight. I.e. a printer needs to go back to the manufacturer to facilitate a repair then all freight costs will be invoiced to the “Client”

12.   No fault found: In the event that no fault is found with the Equipment, or that "faults" are attributed to incorrectly installed equipment (eg. incorrect switch settings) then a minimum service fee of $120 ex GST will apply and all costs will be charged to the “Client”.

13.   If a system failure for an item under contract is caused by OS, Software or misuse, Touchmate may elect to rectify the fault but a charge of $120 ex GST per hour will apply.

14.   Contract cover provides on site system rectification in most Australian locations and in most circumstances.

15.   The following items are not covered by warranty:

a.     Where misuse, mishandling, neglect, adjustments have caused a defect, damage caused by accident, non-adherence to operating and maintenance instructions and or improper voltage.

b.     Unauthorised personnel have serviced the Equipment.

c.     Failure resulting from installation errors or incorrect installation procedure.

d.     Equipment that has had identification marks and numbers altered or removed.

e.     Paper jams in printers.

f.      Normal maintenance and service adjustments as part of equipment operating instructions.

g.     Consumables or software. This includes, but not limited to, the following items: belts, cables, cathode ray tubes, cutter blades, diskettes, lamps, laser tubes, lenses, magnetic heads, print ribbons and print heads.

h.     In case Equipment that has been received with inadequate or unsuitable packaging. In case of return to base, product “Client” (customer) must adequate or suitable packed item to guard against in transit damage.

i.       All spare parts and exchange spare parts, once installed are not covered by warranty, however all claims are handled on a case-by-case basis.

16.   Non-Warranty Repair: Equipment may be returned to Touchmate for Non-Warranty Repairs subject to the following terms and conditions.

a.     Delivery is the “client” (Customer)'s responsibility to deliver and pick up Equipment supplied for Non-Warranty Repair. Touchmate will not accept any associated freight or insurance cost, risk or liability for the storage, handling and transport of the “Client” (Customer)'s Equipment outside of Touchmate’s premises, unless special arrangements have been made.

b.     Warranty: Only workmanship and material supplied in servicing the Equipment are covered for a period of 90 days. Warranty for consumables are not covered but are subject to the discretion of Touchmate. Software installation is not covered under warranty.

c.     Liability: Touchmate is not liable for any delay in supply, loss or damage including consequential loss, to equipment repaired.

17.   SLA’s are subject:  Force Majeure - Neither party shall be liable in any manner for failure or delay upon fulfilment of all or part of this Agreement, directly or indirectly owing to acts of God, governmental orders or restrictions, war, threat of war, war-like conditions, terrorism, hostilities, sanctions, mobilisations, blockade, embargo, detention, revolution, riot, looting, strike, lockout, plague or other epidemics, fire, flood or any other causes or circumstances beyond that party’s control, provided that the party in default, or subject to delay, shall use all reasonable endeavours to mitigate any such default or delay.

18.   The terms and conditions contained herein constitute the entire Agreement between the parties and no amendment or variation shall be of any force and effect unless in writing and signed by both Touchmate and the “Client” (Customer). No representations have been made by Touchmate or on its behalf, which have induced The “Client” (Customer) to enter into this Agreement. Any terms or conditions which the “Client” (Customer) seeks to apply are of no force or effect.

19.   No relaxation or indulgence granted by Touchmate to the *Client* (Customer) shall be deemed as a waiver of any rights of Touchmate in terms of this agreement and such relaxation or indulgence shall not be deemed a novation of any terms and conditions of this agreement.

20.   Touchmate shall not be responsible for any loss or damage howsoever caused to the property or person of the “Client” (Customer) or any third party as a result of any defect in the product or services provided whether patent or latent, and the “Client” (Customer) indemnifies Touchmate against any claims made against it by any third party arising out of any such defects except as provided for by statutory warranties.

21.   Touchmate excludes all liability, in contract, tort (including negligence) or otherwise for all claims, actions, loss, liability or damage (whether direct, indirect, consequential or incidental loss or damage and whether for loss of profits, loss of savings or loss of data or otherwise) suffered or incurred by the “Client" (Customer) or anybody else because of a failure of any products or software supplied, or services performed, or any act, omission, delay or non performance by Touchmate or any network service provider.

22.   The “Client” (Customer’s) personal information may be used by Touchmate and its related bodies corporate for the purposes of maintaining a record of its dealings with the “Client” (Customer) and contacting the “Client” (Customer) from time to time in relation to products and services which may be of interest to the “Client” (Customer). The “Client” (Customer) should let Touchmate know if it does not wish such information to be used and disclosed for these purposes. Otherwise Touchmate will assume that the “Client” (Customer) has consented to the use and disclosure of the information for these purposes.

23.   This warranty is non transferable from the original purchaser.

Appendix A:

Touchmate kiosks are fitted with a variety of peripheral components. These peripheral components are subject to their individual manufacturers warranties. Touchmate will facilitate the warranty for the length of the individual manufacturers own warranty. Beyond that, the removal and refit and any associated freight will be charged to the “client” at a cost of $120 ex GST per hour. All costs associated with the repair or replacement will be borne by the “Client”.

Printers:

• Star Micronics  – 12 months

• Custom – 12 months

• Bematech – 12 months

Touchpanels:

• 3M capacitive touch panel - 36 months

• Zytronics touch panel – 36 months

LCD Monitors:

            • 24 months

Coin validators:

            • GBA – 12 months

            • Microcoin – 12 months

Note validators:

            • GBA – 12 months

            • Microcoin – 12 months

PC components:

            • Motherboard – 36 months

            • Hard drive – 24 months

            • RAM – 36 months

            • Power supply – 24 months

Miscellaneous:

• Magtek Card readers – 12 months

• TL6/TL4 – 12 months

• Symbol barcode scanner – 12 months

• Enclosure chassis – 36 months

• Enclosure mechanicals i.e. locks – 12 months