Logic Company Limited
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Agreement No....................
LogicFix Gold Computer System
Maintenance and Repair Agreement
Made at Logic Co., Ltd.
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Chongnonsi, Yannawa,
Bangkok
on the 1st date of September, 1998
This Agreement is made between King Power Duty Free Co., Ltd. by Mr.
Viratana Suntaranond, authorized to sign in obligation of the Company, office
located at No. 989, 26th-27th Floors, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇ ▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇,
▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇, hereinafter called, "Employer"; and Logic Co., Ltd.,
by Mr. Trairat Jaisamran and Miss Netchanok Tangsupanich, authorized to sign in
obligation of the Company, office located at ▇▇. ▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇
▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇, hereinafter called "Contractor". Both
parties have agreed as follows:
Section 1. The Employer agrees to hire and the Contractor agrees to be
hired to provide a LogicFix Gold computer system maintenance and repair service
contract as specified in Appendix 1, installed on the 26th-27th floors, ▇▇. ▇▇▇,
▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇ ▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇, Tel: ▇▇▇-▇▇▇▇-▇▇
Section 2. The Employer agrees to pay Btl,394,404 (One Million Three
Hundred and Ninety-Four Thousand Four Hundred and Four Baht Only) to the
Contractor as service fees for the 2nd-4th years. Payment shall be made in
installments -- 3 (three) installments a year -- within 30 (thirty) days from
the date of sending the invoice and Service Report to the Employer. The Employer
agrees bear value-added taxes.
In case of late payment, if the Employer fails to make payment by the
period later fixed by the Contractor, the Employer agrees to pay interest on
overdue service fees along with other expenses at the rate of 3 (three) percent
per month.
Section 3. This Agreement shall be enforced from the ............. date of
...............to the ..............date of totalling 48 months (4 years.)
Section 4. The scope of service by the Contractor is as follows:
4.1 The Contractor shall provide maintenance services and repair
the computer system under this Agreement upon the Employer'
request at the site specified in Section 1.
4.2 The Contractor shall provide a service to the Employer under
this Agreement during the Contractor's working days and
hours as specified in Appendix 1.
4.3 The Contractor shall provide consultation services in the
maintenance and repairs of the computer system under this
Agreement to the Employer through telephone, facsimile,
electronic mail upon the Employer's request 24 hours a day
every day depending on the nature of problems and equipment.
4.4 The Contractor shall extend computer maintenance and repair
service hours as specified in Appendix I to 08:00 20:00
hours, Monday to Friday, except annual holidays of Logic
Co., Ltd.
4.5 If the Employer's computer system under this Agreement
breaks down, the Contractor shall assign one of his
employees to provide consultation through telephone by:
4.5.1 In case the whole system breaks down and cannot
function, the Contractor shall provide an immediate
consultation.
4.5.2 In case of a breakdown in which the system can still
function but not completely, the Contractor shall
provide a consultation in 2 hours from the time of
notification.
4.5.3 In case of a slight defect not affecting the
Employer's work, the Contractor shall provide a
consultation in 4 hours from the time of
notification.
4.6 In case the Employer's computer system under this Agreement
breaks down and the Employer wants the Contractor to repair
it, the Contractor shall send its officers to repair it by:
4.6.1 In case the whole system breaks down and cannot
function, the Contractor shall send its officer to
repair in 4 hours from the time of notification.
4.6.2 In case of a breakdown in which the system can still
function but not completely, the Contractor shall send
its officer to repair in 1 day from the time of
notification.
4.6.3 In case of a slight defect not affecting the
Employer's work, the Contractor shall send its officer
to repair at the time both parties are comfortable.
4.7 The Contractor shall analyze and correct the defect notified
by the Employer through a modem according to the nature of
problems and equipment.
4.8 The Contractor shall send a message of how to maintain and
repair the computer system under this Agreement to the
Employer via a facsimile according to the nature of problems
and equipment.
4.9 The Contractor shall hand over part of the manufacturer's
program to correct the patches to the Employer upon request
if the manufacturer allows the Contractor to disseminate
and/or distribute, give away the said program, The Employer
has the right to ask the Contractor to install such part of
the program for the Employer.
4.10 The Contractor shall hand over a Solaris new version of
Enhancement Release and Maintenance Release which the
manufacturer releases to the market and/or allows it to be
distributed or given away to the Employer. The Employer has
the right to ask the Contractor to install such release for
the Employer - one installation per. one version -- at the
site specified in Section 1.
4.11 The Contractor shall hand over the Sun Solve Software to the
Employer. The Employer has the right to ask the Contractor
to install such release for the Employer -- one installation
per one version -- at the site specified in Section 1.
4.12 The Contractor shall explain the defect of the system as
described by the manufacturer to the Employer if the said
information is not classified as confidential by the
manufacturer and can be publicized. The Employer can receive
such services via an electronic mail in the Internet.
4.13 The Contractor shall provide a personal technical account
support responsible for the correction of problems with the
computer system under this Agreement during working days and
hours of the Contractor.
4.14 The Contractor shall make a log book available at the
Employer's installation site specified in Section I to order
to keep a record of services provided by the Contractor
under this Agreement.
4.15 The Contractor shall inspect the computer system under this
Agreement four times a year. And each PM visit to the 2 sets
which requires to shut down the computer system shall be
made on Saturday-Sunday.
4.16 The Contractor shall arrange for a joint meeting between the
Contractor and Employer twice a year to analyze problems
arisen from the computer system and recommend how to enhance
efficiency of the Employer's computer system.
Section 5. Request for additional services
The Employer wishes the Contractor to offer services under
Section 4.1 to the Employer 24 hours a day every day.
Section 6. The Employer's duties and responsibilities
6.1 The Employer shall be cooperative to the Contractor while
offering services to the Employer under this Agreement.
6.2 In case the Contractor feels that a defect of the computer
system under this Agreement may be caused by other equipment
outside this Agreement, the Employer shall coordinate and
seek cooperation from a person responsible for the
maintenance of that equipment to correct that defect.
6.3 The Employer shall notify a problem or defect and ask for a
service from the Contractor through telephone numbers or hot
lines provided by the Contractor as follows:
Normal business hours (08:00 - 17:00 hours)
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Telephone ▇▇▇-▇▇▇▇, 678-0488 and 287-4992
Facsimile 678-0321
To the Answering Center on the 9th fl.
Electronic Mail ▇▇▇▇▇▇▇▇▇@▇▇▇.▇▇.▇▇
Outside normal business hours
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Telephone ▇▇-▇▇▇▇▇▇▇
Pager (1144)724093,719437
6.4 Within 15 days after the Agreement signing, the Employer
shall specify in writing not more than 5 persons responsible
for contacting the Contractor to report a problem and/or ask
for a service.
6.5 To report a problem and/or ask for a service from the
Contractor under this Agreement, the Employer shall have to
assign only the persons listed in Section 6.4 to contact the
Contractor.
In case the Employer wants to change the persons responsible
for contacting the Contractor to report a problem and/or ask
for a service, the Employer shall notify in writing of the
change along with names of persons newly assigned.
6.6 The Employer shall keep the log book provided by the
Contractor as stated in Section 4.14 for the Contractor to
check and update.
6.7 The Employer shall not modify or correct the log book
provided by the Contractor as stated in Section 4.14 without
consent in writing from the Contractor.
Section 7. Asking for the following services shall be considered outside
the maintenance and repair service agreement:
7.1 Installation/Set up not originated from a defect of the
equipment under this Agreement.
7.2 Administration services such as
7.2.1 Back up and restore information
7.2.2 Increase or decrease the number of users, printers,
computer system, etc.
7.2.3 Performance tuning
7.3 Integration services, for instance, asking the Contractor to
install equipment not supplied by the Contractor to
integrate with the system which the Contractor offers
maintenance and repair service under this Agreement.
7.4 Damage caused by misuse, accident, natural disaster, riot,
war, loss or strange items leaked in to damage the equipment
under this Agreement.
7.5 Damage caused by careless use.
7.6 Damage caused by disassembling, studying components,
repairing, modifying, or trying to modify the equipment
without consent in writing from the Contractor.
7.7 Damage caused by adding other equipment outside the
Agreement to integrate with the equipment under this
Agreement without consent in writing from the Contractor.
Section 8. In case the Employer asks for a maintenance service or to
correct a defect asides what's agreed upon in this Agreement at the Employer's
site stated in Section 1 and the Contractor can handle that for the Employer,
the Employer shall pay time and material service fees to the Contractor who will
offer a 15% discount of the normal rate, except travelling expenses of field
officers.
This Agreement is made in two identical copies. Both parties have hereby
read and understood all the statements, and then signed their names and had
company seal affixed in the presence of witnesses on the specified date:
...................signed...........................Employer
(Mr. Viratana Suntaranond)
King Power Duty Free Co., Ltd.
...................signed...........................Contractor
(Mr. Trairat Jaisamran and Miss Netchanok Tangsupanich)
Logic Co., Ltd.
....................signed............................Witness
(Miss Somjitr Techaaiemamorn)
....................signed............................Witness
(Miss Soipetr Mutasintu)