Terms and conditions for the technical service Fiscal Cash Registers (fiscal ECR)

Public Notice No. 50 of Terms and Conditions for Technical Service of Fiscal Cash Register or Fiscal Printer in Kenya dated on 15 December 2004

Terms and conditions for the technical service Fiscal Cash Registers (fiscal ECR)

or fiscal printer-

(1) The electronic cash register manufacturer (fiscal ECR manufacturer) or the importer is responsible for the organization of the guarantee and post guarantee service and their proper operations. The performance of the service by other entities is subject to a manufacturer's or importers authorization.

(2) The person performing the service shall not interfere with the fiscal memory of the fiscal cash register (fiscal ECR) or fiscal printer.

(3) Ceasing to provide service by the electronic cash register manufacturer (fiscal ECR manufacturer) or the importer, regardless of its reason, may be only performed after prior transferring of the service for the performance by the other person accepting this service for further performance. The copy of the agreement shall be submitted to the Inter-Ministerial Committee within 7 days from the date it was signed.

(4) The documentation related to the performance of service is maintained by persons appointed by the Inter-Ministerial Committee and a manufacturer importer, or the entity conducting an authorized service of fiscal cash registers (fiscal ECR) or fiscal printer.

(5) The person performing the service (a service man) must be entered on a special list of persons authorized for its performance by the manufacturer or importer or the entity conducting the service or reported to the persons appointed by the Inter-Ministerial committee.

(6) The service of fiscal cash registers or fiscal printer shall not be conducted and performed by the taxpayer or performed by a person contracted by the taxpayer.

(7) The list specified under paragraph 5 must comply with the records maintained by Inter-Ministerial Committee and promptly updated in the event of its modification at the same time with a notification of this fact by a manufacturer or importer to the Inter-Ministerial Committee.

(8) The entity performing the service shall promptly and free of charge act upon the request (an order) of the Inter-Ministerial Committee.

(9) The entity performing the service, upon the taxpayer's request, performs the fiscal cash register (fiscal ECR) or fiscal printer technical inspection specified under regulation (3).

(10) The entity performing the fiscal cash register (fiscal ECR) or fiscal printer service is under the obligation to train, at his own cost, the clerks indicated by the Inter-Ministerial Committee in the methods of operation procedures used by the manufacturer, in particular with respect to their verification.

(11) The inspection should include-
(a) The condition of all seals and their compliance with their entry in the cash register ledger and the service documentation;
(b) The condition of the fiscal cash register (fiscal ECR) or fiscal printer casing;
(c)Legibility of the fiscal documents printed by the fiscal cash register (fiscal ECR) or fiscal printer;
(d) The cash register program, its release, the compliance with the entries in the fiscal cash registers (fiscal ECR) or fiscal printer
(e)Correctness of the fiscal cash register (fiscal ECR) or fiscal printer operations, in particular with respect to the issuing of fiscal documents;
(f)Accuracy of the customer's display operations;
(g)The condition of the motherboard, the fiscal memory and the fiscal module with respect to the construction documentation of the fiscal cash register (fiscal ECR) and the result of the review (inspection) together with the recommendations are to be recorded in the cash register ledger;

(12)The service operations shall be undertaken not later than within 48 hours from the moment the fiscal cash register or fiscal printer failure or break down is reported by the user.

(13) The person performing the service of the fiscal cash register (fiscal ECR) or fiscal printer shall identify himself with an identification badge granted by the manufacture or importer. The identification badge is valid for one year since the date of its issuance and after this period it is subject to extension.

(14) The service person identification details and the identification details of a person authorised for a substitute performance of the service of a given fiscal cash register (fiscal ECR) or fiscal printer are entered into the cash register ledger. The service person performing the service as a substitute shall upon each occasion hold an authorization to perform the fiscal cash register or fiscal printer service, which authorization is entered and attached to the fiscal cash register (fiscal ECR).

(15) Information on the content of the entries performed by the service, is specified under the specimen fiscal cash register or fiscal printer ledger.

(16) All record entries in the fiscal cash register (fiscal ECR) or fiscal printer ledger shall be performed in a legible way and the entries on performed service operations shall be legibly signed by the service person and stamped with his stamp.

(17) The entity performing service of the fiscal cash register (fiscal ECR) or fiscal printer who and/or which violates the terms and conditions for the performance of this service or while performing this service enables the taxpayer to perform false, untrue, unreliable recording of transactions performed with the use of the fiscal cash register (fiscal ECR) shall loose his authorization to perform the service of the fiscal cash register or fiscal printer or to maintain such a service without possibility of subsequent performance of the service in the future.

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