STANDARD CONTRACT DOCUMENT

KENYA RURAL ROADS AUTHORITY

AND

COMPUTERWAYS LIMITED
P.O. BOX 11696 – 00400
TEL: 242131/311218
NAIROBI – KENYA

CONTRACT FOR PROVISION OF ON-CALL AND PREVENTIVE

MAINTENANCE SERVICE OF ICT EQUIPMENT AND RELATED
ACCESSORIES
 AGREEMENT FOR PROVISION OF MAINTENANCE

Whereas the KENYA RURAL ROADS AUTHORITY desires to have their

ICT EQUIPMENT AND RELATED ACCESSORIES located at their office
premises, serviced and maintained by a reputable firm possessed with skill
and expertise, and whereas COMPUTERWAYS LIMITED possess such
skills and expertise,

THIS AGREEMENT is made between KENYA RURAL ROADS AUTHORITY

of P.O. Box 48151 CODE 00100 Nairobi (herein after called the CLIENT)
and COMPUTERWAYS LIMITED of P.O. Box 11696 – 00400 Nairobi
(herein called the CONTRACTOR) agrees to provide preventive maintenance
and repair services for the computer equipment of the CLIENT as per the
terms and conditions herein stated.

1. HARDWARE MAINTENANCE/REPAIR
a). In consideration of the CLIENT paying maintenance /repair charges
as hereinafter provided, the CONTRACTOR shall render preventive
computer maintenance /repair services, as is stipulated in clause 2
below on the equipment to be presented by the CLIENT.

b). During the course of executing its obligations, the CONTRACTOR will
be required to update the CLIENT by way of a service register/job card
reflecting works carried out on different computer equipment.

c). The CONTRACTOR is obliged to carry out her services with due
diligence, efficiency and in a manner designed to ensure that all services
operate promptly.
 d). The engineers or agents supplied by the CONTRACTOR to service the
CLIENT’s computers should be qualified, sober and honest personnel,
who shall, during the course of carrying out this contract, abide by any
of he regulations in place at the CLIENT’s premises.

2. TERMS OF REFERENCE.

NORMAL PROTECTIVE MAINTENANCE

Carried out quarterly i.e. once every 3 months to sustain peak performance.
This will entail internal cleaning of equipment, blowing, dusting and
diagnostics to ensure free operation and arrest extensive wear. However, it
will be client’s responsibility to ensure an exterior dust free environment for
the equipment by use of dust covers and or dust proofing.

EMERGENCY MAINTENANCE

This service is on call and support will be offered on line immediately a

malfunction is reported. Our engineers will move to site within 30 to 50
minutes of defect report within Nairobi and its environs and twelve hours
for outside Nairobi.

REPLACEMENT OF AGING PARTS

Your equipment will be regularly and professionally checked. Parts that are
subjected to wear and tear in the normal machine life will be attended to by
either complete replacement or serviced at the discretion of our engineers.
Client shall be informed regularly on latest developments in the I.T.
Industry and advised on upgrades and related information in research and
development. Client will decide on the required modifications and we shall
provide parts at cost but installation shall be free.

i. On-site Preventive maintenance and repair will involve periodic

servicing (every 3 months) of equipment, and repair of equipment as and
when required. It shall consist of the following tasks:-
a). Power related tasks
Servicing of UPS and checking of battery levels.

b). Tasks to be done on CPU, Monitor and Keyboards.

 Servicing of Keyboards due to accumulated dust between the
contact surfaces and removal of foreign bodies from the delicate
membrane.
 Checking and correcting character to- key mapping for keyboards.
 Cleaning of floppy drive diskette bays and cleaning the heads of
dust and oil.
 Checking and correcting data storage and integrity of hard disks.
 Determining storage safety levels (SSL) for fixed disks in use
 Virus check and removal
 Blowing of carbon content in monitors
 General checks on system performance
 Surface cleaning of all equipment
 Servicing and head cleaning of tape and disk drives and surfaces.
 Cleaning of mouse and track ball counter surface that eventually
affects movement of mouse.
 To defragment the hard disk
c). Tasks to be done on the printers
 Cleaning of print head pin outlets for dot matrix printers
 Oiling of head guide and motor spindles
 Blowing out paper dust and other foreign bodies
 Servicing of corona wire and imaging drum for laser printers
 Cleaning of paper transport mechanism.

d). Tasks to be done on Network.

 Maintain your Windows Network Software
 Ensure integrity of Network by checking for continuity, signal loss
or attenuation if any.

e). Preparation of after service report.

This task will involve preparing a report on the work done during the service
exercise (To be certified by signed job cards by an authorized representative
of the CLIENT).
ii. On-site Preventive maintenance shall be done every three months.

The CLIENT will be able, on consultation with the CONTRACTOR, to

amend the schedule outlined above at this planning stage, and will
also be able, thereafter, to postpone the due date of any particular day
of implementation on two days notice before the due date; the
postponed date of implementation will then be decided by mutual
agreement between the CLIENT and the CONTRACTOR.
iii. The CONTRACTOR will, during working hours (Monday to Friday 8.00
am. to 5.00 pm. except public holidays) and within a reasonable time
of receipt of a request by the CLIENT, provide repair service for the
computer equipment, i.e. inspection, adjustment and repair. The
supply and installation of parts necessary for the effective working of
the equipment are to be for the CLIENT respectively.
iv. Responsibilities of the CLIENT.

a). Maintain a suitable environment and electrical supply for the

equipment, which complies with the specifications given by the
manufacturer(s).

b). In case of need to make modifications, adjustments or addition to any

of the existing equipment, the CLIENT should inform the CONTRACTOR of
such intensions.

c). Provide sufficient working space and access for inspection and
maintenance of the equipment at no charge to the CONTRACTOR.

d). Personnel of the CLIENT shall not perform maintenance or attempt

repairs to equipment while such equipment is under the purview of this
contract unless agreed to by the CONTRACTOR.

3. ADMINISTRATIVE CONSIDERATIONS.
i. The CONTRACTOR shall periodically deploy personnel to carry out
the duties stipulated in clause 2.i. (a to d) at the following office
ours:
Monday to Friday (excluding public holidays) 8.30 AM – 5.00PM
ii. The CLIENT will be required to sign Job Cards to certify that the
job has been done
4. EXCLUSION
Preventive maintenance service does not include;-
a) Electrical work external to the equipment, electricity/power
fluctuations or maintenance of consumable accessories (printer
bands, daisy wheels, ribbons, Toners and Catridges,drums,Transfer
Kits, diskettes, paper etc and any other parts agreed upon by both
the CLIENT and the CONTRACTOR as consumable accessories).
b) Repair of damage or increase in service time resulting from accident,
neglect, misuse, or any other modality other than ordinary use e.g.
failure of electrical power, air conditioning or humidity control etc;
alterations which shall include, but not be limited to, any changes in
the manufacturers design or installation; or removal of the
manufacturers features, or any other modification, if any of the
foregoing are performed by someone other than a CONTRACTOR
representative.
c) Such service which is impractical for the CONTRACTOR to render
because of alterations in the equipment, or their connection by
mechanical or electrical means to other devices. CONTRACTOR shall
inform the CLIENT of its inability to service such equipment in
writing, and where money has been advanced towards the
maintenance of such equipments, the same shall be offset from the
amount payable.
d) Equipment located in an unsuitable place of installation or unsafe or
hazardous environment as determined by the environmental
specifications of the manufacturer.

7. LIMITATIONS AND LIABILITIES

a) The CONTRACTOR shall indemnify the CLIENT for any loss or damage
to the CLIENT’s property, servants and agent occasioned by the acts or
omissions of the CONTRACTOR’s agents or engineers.
b) The CONTRACTOR shall not be liable for any loss, damages, injury or
delay due to any fault or cause beyond its control including acts of
government, strikes, lockouts, fires, explosions, flooding, riots, civil
commotions, war, malicious mischief, theft or shortage of materials or
labor whatsoever and howsoever.

c) The CLIENT agrees that the CONTRACTOR will not be liable for lost
profits or consequential damages of any nature whatsoever. The CLIENT
agrees that if his property other than ICT hardware is damaged through
the fault of the CONTRACTOR or its agents, the CONTRACTOR’s liability
for the said damage will be limited to the actual cost of replacement or
repair of the damaged property.

8. AUTHORISED REPRESENTATIVE: NOTICES AND REQUESTS

i. Any action required or permitted to be taken and any document
required or permitted to be executed under this contract may be taken or
executed on behalf of the CONTRACTOR, by Mr. HUMPHREY M. MISIGO
or his designated representative.

ii. Any action required or permitted to be taken, and any document

required or permitted to be executed under this contract may be taken or
executed on behalf of the CLIENT by the manager IT or his designated
representative

iii. Any notice or request required or permitted to be given or made in

this contract shall be in writing. such notice or request shall be
deemed duly given or made when it is delivered by hand,cable,telex
or registered mail to the CLIENT’s address as the party giving such
notice ,or making such requests.
iv. The authorized representative to issue and receive notices and
requests on behalf of the CLIENT shall be:
v.
NAME: ……………………………………………………
Designation ………........……………………….

The authorized representative to issue and or receive notices and request

on behalf of the CONTRACTOR shall be Mr. JERRY OBURE Head Of
Sales cell phone 0724517045

Address:

P O BOX 11696 - 00400

NAIROBI, TELEPHONE: 2242131/311218
EMAIL:[email protected]

10. SERVICE MAINTANANCE CONTRACT FEES, TERMS AND

CONDITIONS

i. The fee payable to the CONTRACTOR for services shall be Kshs 8,120
16%VAT Inclusive monthly for a period of one year commencing from
Date 01/11/2008 (Payable quarterly)

ii. In situations where faulty parts have been identified and need to be
replaced, the CONTRACTOR will inform the CLIENT in writing and wait
for further instructions from the same.
iii. If the part is available with the CONTRACTOR at a price agreed upon
by the CLIENT, the CONTRACTOR will go ahead and replace it on the
written instructions of the CLIENT at no cost.

iv. If the part is not available with the CONTRACTOR, the CLIENT will be
duly informed in not more than twenty four hours for an alternative
sought by both parties.

v. All major repair work will be done in the CONTRACTOR’s workshop as

a way to provide the CONTRACTOR’s technical department ample time to
do a good job.

vi. Transportation of equipment to and from the CLIENT’s premises will

be at the cost of the CONTRACTOR and with the consent of the CLIENT.

This contract shall be for a period of one year and may be renewed at the
option of the CLIENT provided that the parties here to may terminate the
same upon giving one another one (1) month’s notice of termination.

Effect of Termination
a) Termination of this agreement for any reason whatsoever shall
be without prejudice to any other claims or remedies accrued by
either party immediately prior to the date of termination.
b) Upon termination of this agreement, all amounts owing between
the parties in terms of this agreement shall become immediately
due and payable.
c) The parties hereto shall use their good faith and efforts to
resolve any dispute`
d) Controversy or claim of any nature whatsoever (“Dispute”)
arising out of relating to or in connection with this agreement.
 To this end, the parties in dispute shall each promptly appoint
representatives who shall meet and attempt to resolve any
dispute arising between them.
e) Any dispute arising in connection with this agreement which
cannot be resolved within thirty days after receipt by one party
of the other party’s request for such amicable settlement shall be
submitted by either party to an arbitrator in accordance with
Kenya Arbitration Act.
f) The parties shall agree upon the place of arbitration and
arbitration proceedings, including hearings, document
submission and the award shall be in English and all of the
arbitrators shall be fluent in the English language.
g) Notwithstanding the event of any dispute, the parties shall
continue to perform their respective obligations under this
agreement during the period the arbitration proceedings will be
in place unless and until the arbitrator otherwise orders.
h) This agreement contains all the express provisions agreed on by
the parties with regard to the subject matter of the agreement
and the parties waive the right to rely on any alleged express
provision not contained in the agreement.
i) No party may rely on any representation, which allegedly
induced that party to enter into this agreement, unless the
representative is recorded in this agreement.
j) No contract varying, adding to, deleting from or canceling this
agreement, and waiver of any right under this agreement shall
be effective unless reduced to writing and signed by or on behalf
of the parties.
vii. Either party will be obliged to keep in maximum confidence all
information coming to the knowledge either about the other during
the course of execution of this contract.

Yours faithfully,

JERRY OBURE
Head Of sales
 GENERAL
The terms and conditions set out herein constitute the entire agreement
between the parties. No amendment, variation or cancellation of this
agreement shall be binding unless produced in writing and signed by
both parties.

IN WITNESS WHEREOF THE PATIES HAVE HEREUNTO SIGNED

HEREUNDER THE DAY AND YEAR HEREIN ABOVE WRITTEN

Sealed With Common Seal of the Contractor

1. In the presence of Director Computerways Ltd.

…………………………………………………………………….

2. Witnessed by…………………………………………………..

Signed
For and on behalf of
COMPUTERWAYS LTD

Sealed With Common Seal of the Client

1. In the presence of the Director KENYA RURAL ROADS AUTHORITY
……………………………………………………………………
2. Witnessed by…………………………………………………..
Signed
For and on Behalf of
CLIENT NAME