DTS Service-Man Terms and Conditions
1.0 DTS Service-Man Plan
These Service-Man Terms of Service are supplemental to the Terms and Conditions existing between you and DTS. Unless the context otherwise requires all defined terms shall have the same meaning as contained in the Terms and Conditions. This serves as an agreement between Dairy Technology Services Limited trading as DTS and the Customer. This agreement provides for an exclusive Service-Man Plan for On-Farm Equipment.
2.0 DTS Service Commitment
2.1. DTS will maintain the Equipment with one proactive maintenance service every year during the contract period and will undertake repairs as necessary so that the Equipment performs to manufacturer’s standards (fair wear and tear excepted).
2.2. The specific equipment is identified in our records for your farm and with on-farm with labels provided by DTS and affixed to the equipment. This agreement does not cover equipment that is installed by a party other than DTS or a DTS approved contractor or which has not been accepted for cover under the Service-Man Plan by DTS.
2.3. Chiller Equipment used for an on-farm milk holding tank that is compliant with the New Zealand MPI milk cooling regulations (NZCP1) is eligible for cover by the On-Farm Asset Care Plan. Equipment that is not capable of meeting the NZCP1 regulations will be excluded from the Service-Man Plan.
2.4. DTS will provide a Customer Service Centre twenty-four hours, seven days a week and guarantees a two hour response time to any Customer Service Centre query received between 7 a.m. and 7 p.m. DTS will respond by phone to the Customer’s request for assistance within two hours and will schedule a service to suit the urgency of the request. Calls received after 7 p.m. will be responded to before 9 a.m. the following day.
2.5. DTS recognises that certain items of Equipment may be critical to the farm operation and will use best endeavours to service any fault to critical Equipment covered by the Service-Man Plan within a reasonable time of DTS receiving such notification. DTS is not able to organise for a special collection of milk by a Processor in cases where a fault in the Vat Chiller Equipment is identified.
2.6. At the conclusion of an initial inspection or after each proactive maintenance service, DTS will deliver to the Customer an inspection report detailing the services performed.
3.0 Limitation of Liability
3.1. Due to milk processor (‘Processors’) rules related to the collection of milk that is above the specified or required temperature, DTS will not accept liability for milk which is not collected or which a Processor refuses to collect or which is lost or is required to be disposed of due to Vat Chiller Equipment failure. All other losses (including indirect or consequential losses) are also excluded.
3.2. If DTS is found to be liable under this Agreement then the Customer agrees that DTS’s maximum liability for all claims shall not exceed the fee payable by the Customer pursuant to this Agreement in the 12 months prior to any claim.
4.1. This agreement will be for a period of 12 months (term) commencing on the date that the agreement is signed.
4.2. This agreement will automatically renew on expiry, for a subsequent term (based on the Service-Man fee) of 12 months, unless either DTS or the Customer has provided written notice of an intention to terminate at least 30 days prior to the end of the Term.
The Customer will pay:
5.1. The fee as agreed between DTS and the Customer and outlined in DTS’s proposal to the Customer by method of Direct Debit annually which will be charged on the anniversary date of the agreement.
5.2. The cost of all parts and consumables used over and above completion of the service.
5.3. Any cost or fee that is outside the Service-Man Plan as agreed between DTS and the Customer.
5.4. Any fee notified to the Customer by DTS for a renewed Term unless this agreement is terminated by the Customer on expiry of the Term.
5.5. All reasonable collection charges and legal costs (including solicitor and own client costs) incurred by DTS as a result of default in payment. Payment terms will otherwise be in accordance with DTS standard terms and conditions.
6.0 Customers’s Performance
Before requesting a service, the Customer must ensure that:
6.1. The equipment has power (check fuses, power supply and switches).
6.2. All overload switches have been reset. Services that arise because of failure to do these steps will be charged at DTS’s standard rates and are not covered by the Service-Man Plan.
6.3. The Customer will maintain all associated equipment so it does not impact on the performance of the Equipment.
6.4. The Customer will comply with any local authority bylaws or central government laws or regulations.
6.5. The Customer will not do or allow to occur anything that will impair the operating life or performance of the Equipment.
6.6. The Customer will not install peripheral equipment that may impact on the performance of the equipment.
6.7. In the event that an item of equipment is installed by a party other than DTS during the Term, DTS will need to conduct an audit of the installed equipment to determine whether it can be accepted under the Service-Man Plan. The Customer will be charged for this audit. If additional equipment is added, the Service-Man Plan cost will be adjusted.
6.8. The Customer will monitor the operation of the Equipment and notify DTS immediately on the Equipment not performing to manufacturer’s standards (fair wear and tear excepted).
6.9. In the case of Vat Chiller Equipment the Customer will check whether the temperature of the milk in the Farm Tank has commenced reducing one hour after the completion of milking and if not, the Customer will notify DTS immediately. If the DTS Vat-Man MVMS solution is installed on the farm, then the Customer grants DTS permission to proactively monitor the data for milk cooling abnormalities.
The Customer acknowledges the limitation to DTS’s liability specified above.
6.10. The Customer will pay for all maintenance, repair and replacement costs to the Equipment as a consequence of the Customer’s breach of this agreement, by the 20th of the month following the date of any invoice.
7.0 Transfer of Ownership
7.1. If the Customer sells their farm complete with the Equipment the Customer may assign this agreement to the purchaser at no additional cost. If the Customer does not assign this agreement then this agreement will terminate and the Customer will pay the DTS Service-Man Plan fee to the end of the Term.
Where the Customer assigns this agreement to the purchaser, the Customer must notify DTS of this assignment. DTS reserves the right to refuse to accept the assignment of the agreement. In order to assist with the assignment of this agreement, DTS will, upon request provide a value of the residual DTS Service-Man Plan at the date of assignment.
8.1. DTS may terminate this agreement immediately by giving written notice to the Customer, if the Customer:
- Is unable to pay debts in the normal course of business or DTS reasonably forms a view that the Customer is insolvent.
- Breaches any term of this agreement.
- Purchases replacement Equipment from a party other than DTS.
8.2. If this agreement is terminated by DTS for any reason the Customer will pay the DTS Service-Man Plan fee to the end of the Term Plus any other amounts owed by the Customer under this agreement as at the date of termination.
8.3. The Customer may terminate this agreement without cause provided the Customer pays the DTS Service-Man Plan fee to the end of the Term plus any other amounts owed by the Customer under this agreement as at the date of termination.
9.0 Entire Agreement
This agreement is the entire agreement between the parties and replaces any earlier agreements, representations or warranties, whether oral or written, between the parties relating to its subject matter.
10.0 Dispute Resolution
10.1. If any question or dispute arises under this Contract, the parties must first use their best efforts to resolve such question or dispute through good faith negotiations.
10.2. Any dispute arising under this Contract which cannot be settled by negotiation between the parties within 20 working days must then be submitted to mediation by either party initiating mediation by giving written notice to the other.
10.3. If the parties cannot agree a mediator, within two working days of the notice, then the mediator will be selected by the President for the time being of LEADR (Lawyers Engaged in Alternative Dispute Resolution) or its successor.
10.4. The parties agree to continue to perform their obligations under the contract as far as possible as if no dispute had arisen pending the final settlement of any matter referred to mediation.
10.5. Nothing in this clause shall preclude either party from taking immediate steps to seek urgent equitable relief before a New Zealand Court.
11.1 Any discount and loyalty schemes offered will be at the discretion of DTS. DTS reserves the right to review or remove the discount at any time.