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HomeMy WebLinkAboutContract 1985RICOH Cuatol~er Care ~er~i~e Contract Company Name: CITY OF COLUMBIA HEIGHTS FINANCE Address: ----- __ - -- - --- 590 - 40TH AVENUE NE City, State, Zip: COLUMBIA HEIGHTS, MN 55421 Contact: CHER BAKKEN /Sue Schmidtbauer Phone/Fax: 763-706.3634 Company Name: SAME Address: SAM E City, State, Zip: SAME, SAME Contact: SAME Phone/Fax: SAME 1985 Base Billing Amount: $549.00 Annually Extended Coverage if Applicable Plus applicable taxes Meter Allowance: Not Applicable CONN Indicates Network Support Overage Billing Amount: Not Applicable _ Effective: 4/5/2007 For 12 Months 2nd Meter Allowance: Not ap I,p icable _ 2nd Meter Overage Amount: N/A Contract Coverage Includes: Parts and Labor Model: SPC410DN Serial: Q7068700504 ID Number 331508 CUSTOME[2 SATISFACTION POLICY -- --- INTHE EVENT THE PRODUCT DOES NOT MEET THE ORIGINAL MANUFACTURER'S STATED SPECIFICATIONS WITHIN THREE YE INSTALLATION OF ANY NEW RICOH EQUIPMENT, RICOH WILL, AT THE CUSTOMER REQUEST, REPLACE SUCH EQUIPMENT WITH A LIKE UNIT IF THE CUSTOMER MEETS THE FOLLOWING THREE CONDITIONS: 1. The equipment is continuously under the Ricoh Maintenance Agreement appticable to the customer. 2. The customer fulfills all of the terms of this Maintenance Agreement applicable to the customer. `t Rpfhra rnnuestinsr a replacement unit. this customer Qtves Ricoh the opportunity to resolve any service problems the customer may have with the equipment. Maintenance Agreement contracts aze non-refundable/non-transferable and non-cancelable. Base billing amount includes price of 'vetwror;: Adde:.dun.. Beginning meter for this contract is based on the ending meter of the previous contract THIS AGREEMENT SHALL NOT BE EFFECTIVE UNLESS SIGNED BY THE CUSTOMER A1VD RICOH CONTRACT MANAGEMENT. Customer Acceptance -~! -~~ I have read and understand our obligations under the terms and conditions stated herein, Contract Manager ate and on the reverse side hereof, as the only agreement pertaining to the equipment hereunder. No other agreements apply unless expressly Hated on the face of this A, agreement or in the contracts specified. • ` ~` Ricoh Contract Number PO/Contract Number ® Customer has declined maintenance ooverage at thss time. The customer understands obtaining maintenance coverage later may incur charges in addition to the normal maintenance charge and has been informed as to the current time and material billing rates. ~~ ~. _ Customer Signature Walter Fehst Date Print Name EXP G C®NT C'I' Please remit payment in full with return of signed contract. If not paid within 30 days, subject to parts and labor surcharge. VisalMasterCard accepted. Ricoh Business Systems 1110 Centre Painte Curve #102 Mendota Heights, MN 55120 (P) 651-294.2651 (F) 651-2942605 Sue LaBeau MAINTENANCE AGREE"'[ENT TERMS A1dD CONDI'I'fONS 1. GENERAL SCOPE OF COVERAGE This Agreement covers both the labor and the material for adjustments, repair and teplacemeau of parts as required by normal use of the equipment, subject to the exceprions in and in accordance with these terms and conditions. This Agreement does not cover chazges for installation of equipment or de-installation of equipment if it is moved. Damage to the equipment or its parts arising out of or caused by misuse, abuse, negligence, attachment of unauthorized components, accessories or pans, use of substandard facsimile (thermal) paptr or substandard supplies or other causes beyond the control of Ricoh are not covered by this Agreement and may subject Customer to a surcharge or to cancellation of this Agreement. [n addition, Ricoh may terminate this Agreement if the equipment is modi5ed, damaged, altered or serviced by personnel other than the Ricoh Authorized Persomrei, or if parts, accessories or components not meeting machine specifications are titled m the equipment This Agreement does not cover charges for repaus due to Customer or thud pony modifications ro software or hardware. 2. SERVICE CALLS Service calls under this Agreement will be made during normal business hours at the installation address shown on the reverse side of this Agreement. Travel and lobo: time for services calls after normal business hours, on weekends and on holidays, if and when avaiiabie, wilt be changed at the published overtime rates in effect at the time the service call is made. Ricoh Representatives will not handle, disconnect or repair unauthorized attachments or components; Customer is responstb{e for disconnecting and reconnecting unauthorized attachments or components. Customer hereby indemnifies and holds Ricoh and its Representatives harmless for claims for damages to any unauthorized parts, components or accessories resulting from service performed on Ricoh equipment. labor performed doting x service call includes lubrication and cleaning of the equipment and the adjustment, repair or replacement of parts described below. 3. REPAIR AND KEPLACEMENT OF PARTS All pans necessary to the operation of the equipment, due to normal wear and maz, with the exception of the. pans listed below, and subject to the genera] scope of coverage, will be famished Gee of charge during a service call included in the maintenance sezvicc provided by this Ageement. Exceptions aze Phoxoconductors (i.e. copy onuns unless the copier or lax is covered by Full Coverage Maintenance Agreement) un)ess otherwise stated in this Agreement. 4. RECONDITIONING THSS PARAGRAPH (4) IS NOT APPLICABLE TO THE EQUIPMENT COVERED HY A Ricoh CONTINUOUS MAINTENANCE AGREEMENT. Rebuilding or major ovedtauis are not covered by lids Agreement. In addition, when in its sole discretion Ricoh determines that a reconditioning is necessary, as result expected wear and tear of materiels cad age factors caused by normal office environment usage, in order to keep the equipment in wowing condition, Ricoh will submit to the customer and estimate of needed repairs cad their cos which will be in addition to the charge payable under this Agreement If the customer does not authorize such reconditioning, Ricoh may discontinue service of the equipment under this Agreement (mfunding fire unused portion of the maintenance charge} or may refuse to renew this Agreement upon its expiration. Thereafter, the Ricoh Representative may make service available on a "Per Ca1P' basis based upon published rates in effect at the time of service. agreement (1f applicable} to terminate this Agreement upon sixty (GO} days crier written notice to the oNc:. 10. EVENT OF DEFAItI.T AND TERMINATION Tlie occurrence of the following shall constitute and Event of Default: die Customer fails to pay any portion of the charges for maintenance or parts, as provided under this Agreement when due, or [he customer fails to duly perform any covenant. condition or limitation of this Agreement Upon an Event of Default, Ricoh may: (I) refuse to service the equipment (ii} furnish service on a C.O.D. "Per Call" basis based upon published rates at the time of service; and (iii) terminate this Agreement Within (60} sixty days of the expiration of termination of this Agreemem, Ricoh shall submit to Customer as itemized invoice for any fees or expenses, including any per call fees, theremfore accmed under this Agreement. Excepts as otherwise provided herein, Customer, upon payment of accreted amounts so invoiced, shall thereafter have no further liability or obligation to Ricoh whatsoever for any further fees or expenses arising hereunder. in the event Ricoh terminates this Agreement because of the breach of Customer, Rinoh shall be entitled to payment for work is progress plus tnimbursement for out-of-pocket expenses. I I. INDEMNITY Customer shall indemnify, save and hold Ricoh, its affiliates, officers, directors, shareholders, employers, agents and represenmtives and its and their successors and assigns ("Ricoh Parries"} harmless Gpm and against any liability, loss, cost, expense or damage whatsoever caused by reason of any breach of this Agreement by Customer or by reason of any injury whether m body, property, business, character or reputation sustained by Ricoh Parties or to any other person by reason of any act, neglect, omission or default by Cusomer. Customec shall defend any action to which this indemnity shall apply. In the event Customer fails m defend such action Ricoh do so and recover from Customer in addition, all costs and expenses, including, without limitation, attorneys' fees and disbwsemenu, incurrrd by Rich in connection therewith. Ricoh shall be entitled to recover from Customer all costs and expenses, including without limitation, attorneys' fees and disembursement, incurred by Ricoh in connection with actions taken by Ricoh or its represeamtives (if to enforce any provision of this Agreement {ii) to effect any payments or coliectioas provided for herein; fill} to mstimte, maintain, preserve, enforce and foreclose on Ricoh's securir~ interest in or Iien on the goods, whether through judicial procecduig or otherwise; or (iv) to defend or prosecute any actions or proceedings arising out of any Ricoh transactions with Customer. The foregoing provisions of this pare(, aph 11 shall survive the termination or expiration of this Agreement 12. FULL AGREEMENT This Agreement consdm[es the entire agreement betwern the patties pertaining m [he subject mallet hereof and supersedes all prior agreements, understandings, negotiations and discussions, whether oral written, of the parties, and may not be added to, modified, supplemented or waived in any way except in venting signed by the parties (other that pricing changes provided for herein). 13. SUCESSORS AND ASSIGNS; TERMINATION This Anreement shat] 6c binding on rho parcies harem, thew heirs, successors, and assigns. However, this Agreement may not be assigned by Customer without the consent of Ricoh. 5. USE OF RICOII SUPPLfES If the customer uses other than Ricoh supplies and if such supplies are defc:rive or unaceepmble for use in Ricoh machines and cause abnormally frequent service calls or service problems, Wen Ricoh may, az its option, assess a swchazge or terminate this Agreement In arts event, the Customer may be offered service oa a "Pei Cail"basis based on published rates. It is not a condition of this Aerccmcnt, however, that the Customm use only Ricoh authorized supplies. 6. SUPPLY INCLUSIVE CONTRACTS If supplies are included in the service provided under L`iis Agreement, Ricoh wilt supply black toner, ink and developer, unless otherwise stated in this agreement, to the Customer based upon nomral yields. if the Customer's usage of the supplies exceeds the normal yields for the equipment being serviced, Ricoh will invoice and the cusmmer agrees to pay, for the excess supplies at Ricoh's arrrr-tit retafl prices the in effect. Ricoh reserves the right to charge for supplies and freight. 7. ELECTRICAL hr order to insure optimum performance by the Ricoh equipment, it is mandatory that specific modeks be plugged then a dedicated line and comply with manufacn:rer electrical specifications. These power standards are required by UL and/or local safety regulations. Reference Ricoh Bulletin A-00012. 8. CHARGES The initial charge for maintenance service under this Aereemcnt is non refundable and shall be the amount sec forth on the reverse side of this ageement Except as otherwise set forth in this Agreement the aanuat maintenance charge with respect in any renewal term, or second andtor third term of a multi-term agreement (as applicable) will be the charge in effect et the time of term renewal. Customer shall pay all charges within (10) days of the dare of iLBS's invoice. If any eauinment which is subject m this Agreement (.or which becomes subject tc this Agreement), or any renewal hereof is moved to a new RBS service tertitory, RBS shall trove the option of charging the Customer an amount equal to the difference m the published maintenance charges between the current RBS service territory and that of the new RBS service territory (on a pro rata basis). If such equipment is moved beyond any RBS service territory, RBS reserves the right to cancel this Agreement upon written notice to the Customer, or RBS may chargt (and Customer hereby agrees m pay} a fair and reasonable upcharge for continued service. In so doing RHS may take into account the distance to Customer's new )owtion cad RBS published rates for RES's "time cad materials", "per tali" service. Notwithstanding an}thing else herein conmiued to the contrary, RBS reserves the right m increase and/or otherwise modify itr service rates and services on each anniversary dam of thds Agreement. 9. TERM This Agreement shall become effective upon RF3S's receipt from Customer of the initial non-refundable maintenance charge, as set forth on the reverse side of this Agreement, or for such Customers that arc to be billed in arrears, upon the date indicated in the "Stan Date" portion of the reverse side of this Agreement. "the term of this Agreement shall be as specified on the face page of this Agreement. T'isis Agreement stroll automatically renew for one year unless alibi. or both panic provides the other sixty (60} days written notice of termination prior to the cad of the initial term, or any renewal term hereunder, In the event that Customer reaches nr exceeds the allowance, as specffied on rho face page of Phis Agreement, prior to the expvatiaa of the initial, w env renewal term under this Agreement, Customer hereby agrees to pay RBS the RBS excess meter race then in effect and same shall apply to all of Customer's excess meter amounts, througb the end of the initial term of this Agreement, or any renewer terms of this Agreement, as applicable. For Standard Maintenance Agzeemeats {not CPC leases); Either party shall have [he tight during any rene.val term, or during any second or third term of a multi-term 14. SEPARABILITY OF PROVISIONS Each provision of this Agreement shall be considered separable, and, if for any reason any provision that is essential ro the effecruation of the basic purposes of the Agreement is determined to be invalid or contrary to any existing or future law, such invalidity shalt not impav the operation of or affect those provisions of this Agreement that are valid. 15. COUNTERPARTS AND FACSIMILE SIGNATURES This Agreement may be executed in several counterparts, each of which shall 6e deemed to be an original and all of which together shall constirute one Agreement binding oa alt games have not signed the same counterpart. A faxed sigitature of this Agreemrnt beating authorizedsignarures may be neazed as an original. ib. WAIVER OF JURY TRIAL. ALL PARTS HEREBY IRREVOCABLY WAIVE (a) THE RIGHHT OT TRIAL BY JURY; AND (b) THE RIGHT OT INTERPOSE ANY AND ALL COUNTERCLAIMS IN Aiv Y AC T IUN, PRCEEDTNCi UR CLAIM .ARISING OUT OF OR PERTAING T6 THIS AGREEMENT. 27..RJRISDICTION All carries hereby ennsent and voluntarily submit to nersnnai iurisdiesinn rn the Smte of New York and in the coutu in such State located is New York~County in any proceeaing arising out of or relating to this Agreement 18. HOLD IIARhILESS In no event shall Ricoh be liable for any damages whatsoever including wiffiout limitation, special, incidenrai, consequential, or indirect damages for personal injury, loss of business profits, business intenvptioq loss of business information raising our of or inability to use this product. Ricoh is not liable for any claim made by a third party or made by you for a third party. The Customer aclmowledges that the service coverage is such that ikrc equipment may continue to provide copies but not function as a printer. The Customer shall be liable for dtese types of repairs unless wveredby a network connectivity maintenance agreement. Specifically, this Agreement is applicable to print volume only services and excludes help desk suppott, network support, software application cad any other connectivity support services. 29. FORCE MA3EURE Rica6 shall not be habie to Customer for any failure or delay caused by any events beyond Ricoh's control, including, without limimtion, Cusmmei s failwe t4 furnish necessary information; sabotage; failwe or delays in transportation or communication; boycotts; embargoes; failures or substitutions of equipment; tabor disputes; accidents; shortages of labor, fuel, raw materials, machinery, or equipment; technical failures; foe; storm; flood; earthquake; explosion; acts of God; acts of any government or any quasi-governmental support services. 20. NO WARRATiTY RICOH DISCLAIMS ALL ArARRANTIES; EXPESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TECHNICAL COMPATAB[LTY, FITNESS FOR USE, OR FITNESS FOR A PARTTCIR.AR PURPOSE. CUSTOMER AGREES THAT tficoh 1S NOT RESPOA'SIBLE FOR DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NO'f LIMITED TO, T13E LOSS OF USE OF THE EQUIPMENT. 21. INSURANCE Customer shall obtain and maintain, at it's own expense, insurance relating to claims for injury and/or property damage (inelutfing commercial general liability insurance} based on its use of the equipment, goods and machiner}•.