Consol Terms and Conditions
Basis of Agreement
This Agreement is based on Periodic Services being carried out by Hitachi Construction Machinery (Australia) Pty Ltd (HCA) as per the Operation and Maintenance Planner for the contracted machine model and covers only the machine detailed on the attached Service Agreement Summary.
Term of Agreement
This contract is completed when the machine has reached the agreed engine hours or date of termination whichever comes first on the attached Service Agreement Summary.
Customer Responsibilities
The Customer is responsible for the 10 hour, 50 hour, and 100 hour items as shown in the Customer’s copy of the Operation and Maintenance Manual. If the equipment manufacturer requires an Initial 100, 250 or 500 hour Service in the machine, operation and maintenance manual, this Service is covered by HCA.
Periodic Service Notification
The Customer is to notify HCA a minimum of 21days before periodic services are due and provide details of any known problems/faults. The machines, current operating hours and serial number must be quoted when requesting services.
Repairs & Maintenance other than Scheduled Periodic Services
This Agreement does not include repairs and maintenance. Should the machine require repairs and maintenance other than the scheduled periodic services in the machines operation manual then these will be completed once HCA has been provided with the appropriate approval or order number to carry out the required repairs or maintenance. On completion of the additional repair work the Customer will be billed the HCA standard local rate.
Overtime
All Periodic services are to be performed during a normal HCA working hour day, Monday to Friday. Where periodic services are incurred outside the normal HCA working hour day or either on a Saturday or Sunday, at the Customer’s request, the standard local overtime rate will be billed and applied as additional costs to the customer.
Machine Location
If this Agreement includes Travel Costs then the Agreement is based on Periodic services being performed within the specified Travel Distance stated in the Service Agreement Summary. For the avoidance of doubt all km’s stated in the Service Agreement Summary will be interpreted as a round trip. Should the machine be moved outside the travel distance stated in the Agreement then the additional travel and delivery expenses will be billed as an additional charge to the Customer. If travel costs are not included at the commencement of this Agreement, then all travel expenses will be charged as an additional cost to the Customer.
Cleaning
The Customer is to ensure that the machine is thoroughly cleaned prior to servicing, so that all work required can be performed efficiently and effectively, without risk to the serviceman. Should the machine require cleaning by HCA authorised personnel to enable the servicing to be carried out, then the costs incurred in cleaning the machine will be billed to the Customer as an additional cost. The Customer also needs to notify HCA authorised personnel of any hazardous substances or environment that the machine has been exposed to.
Machine Availability for Service
If a Periodic Service is arranged by the Customer where HCA authorised personnel arrive to carry out the arranged Service and find the machine is not available at the agreed time for them to carry out the scheduled servicing, then any standby/waiting time incurred by the HCA authorised personnel will be charged as an additional cost to the Customer at the HCA standard local rate. If the Service has been booked outside the normal HCA working hour day or either on a Saturday or Sunday, waiting time incurred by the HCA authorised personnel will be charged as an additional cost at the local overtime rate.
If a Periodic Service is arranged by the Customer where HCA authorised personnel arrive to carry out the arranged Service and find the machine is totally unavailable for them to carry out the scheduled servicing then any travel cost incurred by the HCA authorised personnel will be charged as an additional cost to the Customer at the HCA standard local rate, if the Service have been booked outside the normal HCA working hour day or either on a Saturday or Sunday, travel cost incurred by the HCA authorised personnel will be charged as an additional cost at the local overtime rate.
Lubricants
Lubricants included in the attached Service Agreement Summary refers to all fluids and lubricants required for the Periodic services in this Agreement and shall be supplied by HCA only. Only approved Fluids and Lubricants will be used at all times. Sensors in Consite Oil equipped machines support Hitachi Genuine lubricants only, so Hitachi Genuine lubricants must be used at all times even for top ups.
Oil Top Up
The Customer is responsible for keeping records of the amount of top up oil added to each compartment between oil changes so the amount can be recorded on the oil Sample Sheet for accurate oil analysis. Top up oils must be the same grade and brand as used in the periodic services. A limited amount of engine top up oil is included in this Agreement and will be supplied by HCA on request, but top up oils for all other compartments are not included and need to be supplied by the Customer as and when required.
Oil Sampling
Oil Sampling will be carried out on the machine covered by this Agreement at each Service interval and the cost of this is included in the Agreement pricing, exclude hydraulic and engine oil sampling in any machine equipped with a ConSite Oil monitoring System.
Reports
A copy of the serviceman’s Service Report will be provided to the customer at the completion of each service.
Machine Usage Reporting
If this Agreement’s payment method is Monthly (see Payment Options below) then on the 25th day of each month the Customer must Fax, Email or communicate in writing the hour meter reading of the machine covered by this Agreement as recorded on the 24th day of the current month, to the local HCA Service Manager. For equipment fitted with Satellite transmitters the Hour meter reading transmitted at midnight on the 24th day of each month will be used to calculate the monthly invoice value.
1,000 hrs Inspection
Annual ConSite Inspections are included only as part of Upfront and Monthly payment options and only applicable to Excavators (ZX120-ZX890) and Wheel loaders (ZW140-ZW550) with usage in excess of 1,000hrs.
Payment Methods
Periodic Service Agreements have 3 (three) payment options, one of which will have been specified in the Service Agreement Summary page of this Agreement as the Billing Method. These are (1) Upfront (2) Monthly (3) Capped Service Pricing. All Periodic Servicing prices are fixed for the term of this Agreement. Once this Agreement is started the payment option selected cannot be changed.
• Option 1 –Upfront
Invoice value will be based on total charges calculated to complete this Agreement, at the time of machine sale.
• Option 2 – Monthly
Total Monthly invoice charge value will be calculated based on the reported hour meter usage of the machine for the previous month (the monthly hourly usage rate as defined in this document) multiplied by the rate per hour of this Agreement (the agreed fixed rate per hour).
• Option 3 – Capped Price Servicing (When Services are Performed)
Invoice value will be based on the cost of each Periodic Service interval as detailed in the attached Service Agreement Summary, as and when they occur. It should be noted that on occasions some Service intervals will occur concurrently and in this instance the invoice value will be based on the sum of the concurrent services being performed. * Not available for Parts only Package option
* Parts only Package
HCA to supply required Service parts only, in line with OEM guidelines.
Parts package supplied within two weeks of equipment Service due date.
Payment method and machine reporting (as set out in this document above).
Excludes all Freight charges from the closest nominated branch, utilising HCA preferred courier unless agreed otherwise in writing.
1,000hrs Inspection included (as set out in this document above).
Delivery address for parts will be agreed with the customer when signing the Agreement.
GST
All Values indicated in this contract are exclusive of GST. GST will be added to the Agreement charges at the time of invoicing.
Service Personnel
All services included in this Agreement will be performed by trained / authorised HCA Service personnel.
Parts
Only genuine or OEM approved parts will be used for the Periodic servicing covered by this Agreement.
Termination
Should there be a significant change in circumstances incurred by either parties, this Agreement may be terminated upon receipt of written notice of such intent. If the Customer fails to have the services completed by HCA then the Customer will be in default and the Agreement will be terminated by HCA. The Customer may terminate the Agreement at any time after giving 60 days written notice.
Changes to Machine Configuration or Application
Should the machine detailed in the attached Service Agreement Summary have attachments fitted or the machines application is changed after the commencement of this Agreement and this change, alters the requirements of the Periodic Service Intervals then HCA reserves the right to either terminate the Agreement as specified in this document above or negotiate changes to the Agreement charges with the customer to suit the new machine configuration and periodic servicing requirements.
EXCLUSIONS:
Attachments – Periodic Servicing requirements for attachments such as, but not limited to, Hammers, Shears, Booms, Winches, Processing Head, Hepa filters, aftermarket grease systems etc. are not included or covered by this Agreement.