Gasboy Support Agreement

Gasboy would like to take this opportunity to notify you that your Support Agreement is scheduled to expire within the next days for one or more of your locations. A detailed site list is included below.

For your convenience, we have provided a secure link to renew your Gasboy Support Agreement online. In order to provide you with optimum support, this secure link will assist us in maintaining the necessary information to ensure that you do not experience a lapse in this valuable Gasboy support. Please review the information included in this notification packet and click on the secure link when you are ready to enroll. This secure link will provide you with the appropriate instructions for executing your Gasboy Support Agreement.

Going forward, your Gasboy Support Agreement will be automatically renewed upon expiration date at the current service level and at the most current price. Terms & Conditions of your service agreement are included below for your review and retention.

If you have any questions, or need to revise any account information regarding your Gasboy Support Agreement , please contact your Customer Service Representative - at phone #: or email: gvr.gso.ser.ServiceOrder@gilbarco.com.

This Agreement will become binding upon acceptance by Gasboy at 7300 West Friendly Avenue, Greensboro, NC. 27420. The Customer acknowledges that he has read and understands this Agreement and agrees to be bound by the terms and conditions.

A. Telephone Support for Product questions is available 24 hours/7 days a week / 365 days per year , from our toll free service center (800-444-5529). This toll free number can be changed at Gasboy’s discretion.

C. Fleet Head Office SW service supports head office location only. Additional Customer locations require individual equipment and service support agreements.

D. This Agreement does not include:
  - On-site support
  - Any hardware, even if the enhancements or modifications require a hardware update.
  - Support for questions not relating specifically to the Product, such as, but not limited to, hardware, PC operating system, etc.
  - Software upgrade installation costs.

This Agreement shall continue for the “Initial Term” period of One (1) year(s) to Five (5) year(s) as selected by Customer , unless earlier terminated as provided in the Terms and Conditions. The Initial Term will be automatically extended for successive one (1) year periods (“Renewal term”) at current list price at the time of renewal, unless either party provides written notice of its desire not to renew , no later than thirty (30) days prior to the expiration of the Initial Term or renewal term, as applicable. Termination may result from the failure of the Customer to comply with any of the conditions of this Agreement, or by mutual agreement of both parties.

Full annual pre-payment is required before service activation. Service fees and any other fees are due net 30 days from the date of invoice. Customer is responsible for all taxes on the Services and all communication interface fees. If any invoice is more than 30 days past due, Gilbarco Inc. may, at is option , discontinue the Services until the account is made current or, terminate the Agreement or the Site(s) and seek full recovery for the outstanding fees and costs due under the Agreement.

When a customer calls in to Gasboy TAC and/or Help Desk for support and does not have a service contract not wishing to purchase one , policy is to offer a support call fee of $100.00, payable immediately by credit card before service is rendered. This service is good for one call, one problem only. If the customer calls with more than one issue a new fee is charged for each issue.

If maintenance coverage is discontinued at any time due to any actions of the Customer to terminate coverage, reinstatement of coverage will require a new agreement. In addition to the current annual fee, a reinstatement charge will be assessed equal to 110% of the current annual fee prorated by the number of months (to a maximum of 24 months) during which coverage was discontinued.

Gasboy only represents that the Product will operate according to the specifications published by Gasboy for the Product. If it is determined that the Product fails to operate according to such specifications, Gasboy's only responsibility will be to use its best efforts to correct the defect.

THE PRODUCT IS PROVIDED WITH NO OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. In no event will Gasboy, or representatives, be liable to the Customer, or any other party, for damages, including but not limited to any lost profits, lost savings , lost gallonage, or other incidental or consequential damages arising out of the use or inability to use the Product even if Gasboy, or its representatives , has been advised of the possibility of such damages, or for any claim by any other party.

Neither party shall be liable to the other for loss or damage resulting from any delay or failure to perform its contractual obligations within the time specified due to acts of God , war, acts of the public enemy, riot, civil commotion, sabotage, federal, state or municipal action or regulations; strikes, fires, flood, accidents, delays or any other causes, contingencies or circumstances within or without the United States not subject to either party’s control, which prevent or hinder performance hereunder.

Customer may not assign this Agreement and the rights of the Customer without the prior written consent of Gasboy. Any attempted assignment in violation of the provisions hereof shall be null and void and have no effect.

This Agreement shall be governed and interpreted by the laws of the State of North Carolina, without regard to its conflicts of laws provisions. The parties agree that venue is exclusive and proper in the state of North Carolina.

If any provision of this Agreement is finally held by a court of competent jurisdiction to be unlawful or invalid, the remaining provisions of this Agreement shall remain in full force and effect , unless as a result of such unlawful provisions there is a material failure of consideration as to a Party and such Party is unwilling to waive such failure.

This Agreement is the exclusive agreement between the parties regarding Gasboy support agreement , and supersedes any other agreement oral or written, regarding the subject matter of this Agreement.