|Terms & Conditions
Microgram Systems (Canada) Ltd. Herein referred
to as MSL, as a computer products, consulting and services provider shall
conduct its business under the following terms and conditions of sale, service
and limited liability. The terms upon which we agree to provide products and
services to the Client commences on the date of approval by both parties under
the sales agreement. Upon approval of the sales agreement, the client agrees to
abide by the Terms and Conditions listed below.
- To the best of its ability, MSL shall provide products, which are free
from manufacturing defects at the time of sale. We conduct extensive
in-house testing of products prior to installation to ensure that our
products continue to meet our high standards of reliability and trouble-free
- MSL shall warranty all products that it provides to a client for the
specified warranty period indicated at the time of sale.
- Should a product prove to be faulty due to manufacturing defect during the
specified warranty period, MSL shall provide a replacement product of equal
quality to the client. In the event a product is discontinued, MSL will
offer the latest hardware replacement at an upgrade cost.
- All costs for de-installation, shipping, and re-installation due to a
faulty product(s) are the responsibility of the client unless coverage
exists under a prior service or maintenance agreement.
- MSL reserves the right to diagnose the faulty product to determine if
failure occurred due to user error or damage and to determine replacement
costs at its discretion.
- Upon approval by both MSL and the Client on a sales agreement, the Client
agrees to pay MSL for any products and services provided. All outstanding
amounts are fully due from the date of installation or
provision of services.
- MSL reserves the right to request a 50% deposit from a Client prior to
provision of products or services for orders over $2500. For turnkey installations, this may be increased to 75% of the outstanding balance.
- MSL reserves the right to charge a Client a fee for late payment to cover
additional processing costs. This fee is currently 16.8% per annum but may
change upon notice.
- Should a Client fail to pay for products or services exceeding 60 days,
and two written notices, MSL reserves the right to request immediate payment
of all outstanding amounts and/or to withhold services until payment in full
has been received. Late payment fees and/or costs for legal fees may also
- MSL shall provide consultation, installation and other value-added
services to its clients in a timely and professional manner which respects
the clients' standard business practices.
- MSL shall provide services during normal business hours between
Monday-Friday from 9:30am to 5:30pm, unless there are prior agreements for
service outside of these hours. For HMA clients only: response times are
4hrs for server upon receipt of a client call. Calls received after 1:30pm will be
responded to during the next business day. There are no service guarantees
for non-HMA clients and response times may depend on service call levels and
prior commitments to current HMA clients.
- MSL shall charge clients at a rate no less than $135/hr for services
provided at a client site (onsite rate). The minimum charge is 2 hours. A
flat rate may also be charged for travel depending on distance of client
site from MSL premises in Downtown Vancouver.
- MSL reserves the right to charge clients over and above it standard
service rates should service be requested outside of the normal business
hours indicated in section 3.2 above.
- MSL shall charge clients at a rate of no less than $105/hr for services
provided within our premises (in-house rates). The minimum charge is 1 hour.
- MSL reserves the right to bill at its discretion, lower 'preferred'
service rates for both onsite and in-house services to its preferred HMA and
- MicroGram's HMA service coverage is provided based upon on a one (1) year service contract, which is renewable each year. During the course of the year, we will allocate resources; provide support services, as well as pre-schedule specific service visits for an HMA client. We also update our records pertaining to each client’s equipment as well as the service levels provided to-date. In general, there are no early cancellation options, except in special circumstances subject to our approval. Due to privacy legislation, we are then required to delete and/or destroy any materials pertaining to an HMA service client that may still be in our possession. Should an early cancellation be granted, a two (2) month processing/administration fee is then assessed to the client for records/materials destruction. The records destruction process is performed one month from the date of receipt of written notice from a client of their intent to cancel service coverage.
- MSL reserves the right to charge a client a minimum of a 25% re-stocking or processing fee should a sales or service agreement be declined after initial approval.
In addition, some specialized equipment, components, or on-going consulting
fees may be deemed non-returnable and no refund would be available for such
products or services. All requests for refunds require 2 weeks processing
time from the date of written confirmation of cancellation from the client.
5. Limits of Liability
- In no event shall MSL be liable for any damages, loss of business profits,
loss of data, or other indirect losses due to the failure or ability of a
product to function as advertised.
- MSL's liability shall be limited to the cost of the product at the time of
- While all attempts will be made to accommodate our clients' service needs,
MSL shall not be responsible for any losses, either direct or indirect
should we be unable to provide services due to unforeseen circumstances.
- In no event shall MSL be liable for any losses or damages, direct or
indirect due to an inability to provide a particular service. Any liability
shall be strictly limited to any service costs paid by the client.
- In no event shall MSL be liable for any damages or losses either direct or
indirect due to cancellation of a sales or service agreement.
Time & Materials
all charges do not include applicable taxes
Travel charge applicable and dependent on client location. Service charge
rates also subject to change for non-regular service hours.
for parts or components would depend on warranty coverage of the equipment.
charge dependent upon client location from Microgram premises.
We may vary these terms or the amount we charge
for any Service, at any time by general notice referred to on the home page of
our website at http://www.microgram.com or written notification to existing
clients via fax or mail. The changes will become effective upon publication of
the notice. Where we vary the prices for Services, we will give at least 14 days
notice of the change by the same means, and the new prices will apply at the end
of that period. If you use the Service after that publication, your use will
constitute an acceptance of the amended terms.
These terms constitute the agreement in its
entirety and supersede prior agreements.