|
16.0 MAINTENANCE TERMS AND CONDITIONS. Pricing and term for Maintenance purchased by Customer is set forth in the Cover Sheet anc� 8.D.b I
<br /> Agreement Addendum. The following general terms and provisions apply to any and all Maintenance purchased hereunder: II
<br /> a. CSA's standard preventive Maintenance services will be provided during CSA's standard business hours(Monday through Friday,8:30 AM to 5:00 PM loc"'
<br /> time, excluding CSA recognized holidays). The length and frequency of periods of time required for preventive maintenance are determined by CS
<br /> Preventive Maintenance means testing,adjusting,cleaning and replacement of components scheduled in accordance with the Equipment service specificatio
<br /> Maintenance performed on weekends,holidays(if available)or between 5PM and 8:30AM(at Customer's request)shall be billed at CSA's holiday rates
<br /> effect at the time of such service unless otherwise set forth in the Cover Sheet and/or Customer Agreement Addendum.Corrective Maintenance coverage will
<br /> provided as is specifically set forth in the Cover Sheet and/or Customer Agreement Addendum.
<br /> b. Engineering changes,including safety changes,shall be performed as deemed necessary by CSA. If CSA cannot perform a safety modification through no fa
<br /> of CSA,or,if Customer refuses to permit installation of a safety change or removes any component deemed by CSA as integral to maintaining the safety oft
<br /> Equipment,CSA may discontinue Maintenance for all Equipment until the problem as identified by CSA is remedied by Customer.
<br /> c. CSA warrants that all material and parts furnished pursuant to its obligations to provide Maintenance hereunder will be in good working order at the time 0
<br /> Installation, and CSA's obligation is limited to the repair or replacement of any material or part which does not conform to this warranty. CSA is i d
<br /> responsible for repairing or replacing parts,nor shall CSA be liable for providing or failing to provide Maintenance,to the extent that such repair or replacemt V
<br /> is due to Customer's acts or omissions. All parts replaced during maintenance shall become the property of CSA. Parts used by CSA may, in CSA's s( 6
<br /> discretion,be used,reconditioned or remanufactured in accordance with manufacturer's specifications.
<br /> d. Customer shall: (i) provide CSA full, free and safe access to the Equipment for performance of Maintenance by CSA; (ii) allow CSA to store reasonal C
<br /> quantities of maintenance equipment and/or parts on Customer's premises; (iii) provide a suitable environment for the Equipment in accordance w �y
<br /> manufacturer's environmental requirements;(iv)if applicable,report to CSA by the last calendar day of each month,the monthly usage according to t s
<br /> meter reading in footage or images as applicable;and(v)promptly inform CSA of any Equipment malfunctions or operating problems.
<br /> e. Customer shall NOT interfere with the proper operation of the meter.
<br /> f. If Customer does not report to CSA the monthly usage as required by Section 16.0(d)CSA will estimate any excess Meter Charges and payment will be d d
<br /> from Customer based upon such estimate.
<br /> g. The Maintenance term shall commence upon installation of the Equipment or, if already installed, upon certification by CSA, or, at the conclusion of iit)
<br /> Warranty period,if any.
<br /> h. Maintenance shall be automatically renewed for successive one(1)year terms at CSA's then-current charges and under the terms and conditions herein unit
<br /> either party gives the other written notice of its intent not to renew at least thirty(30)days prior to the expiration of any initial or renewal term. CSA may al
<br /> notify Customer ninety(90)days in advance of the time of renewal that Maintenance for specific Products covered under this Agreement will not be renew( CS
<br /> Customer may terminate Maintenance in any renewal term upon thirty(30)days prior written notice. If Customer provides notice of Intent to terminate dun41
<br /> the first thirty(30)days of Maintenance in a renewal term,Customer shall be responsible for the charges for the period of coverage up until the effective date `
<br /> termination. After the first thirty(30)days of coverage in any renewal term,Customer may provide notice to terminate Maintenance subject to a tenninati cr)
<br /> charge equal to the monthly charges for twelve (12) months or the period of Maintenance remaining in the renewal tern, whichever is less. For prep. Q
<br /> agreements,CSA will refund or credit the pro rata price of the remaining tern less the applicable termination charge. `y
<br /> i. CSA shall not be obligated hereunder to provide Maintenance or warranty services determined by CSA to be necessary due to or caused by,in whole or part: E
<br /> failure to continually provide a suitable environment in accordance with CSA's requirements;(ii)neglect,misuse,or use of the Equipment for purposes otl O
<br /> than for which it was designed,or failure to operate the Equipment in accordance with CSA's or manufacturer's operating instructions or within manufacture 7
<br /> specifications; (iii) accident, disaster, including effects of water, wind, lightning, or transportation; terrorism, vandalism or burglary; (iv) alteration
<br /> Equipment, including any deviation from Equipment design,unless previously authorized in writing by CSA; (v)attachment(s)to the Equipment,includi at
<br /> connection of devices not supplied by CSA,which cause the Equipment to malfunction,unless previously authorized in writing by CSA;(vi)use of improper, 2
<br /> inadequate use of or failure to use,supplies; (vii)the use of forms not in compliance with CSA's paper specifications; (viii)maintenance or repair servic .C
<br /> performed by Customer or a third party without written authorization from CSA;or,(x)pre or post processing Equipment disconnected from the printing systt �.
<br /> to which it was originally installed unless previously authorized in writing by CSA. If in CSA's sole opinion,Equipment has been rendered unrepairable,th fl
<br /> CSA may refuse to render services under this Agreement and may terminate this Agreement. _
<br /> j. In the event Customer removes a Product covered by Maintenance from the Installation Site,breaches this Agreement(or any other agreement it has with CS, t
<br /> or,in the event CSA declares an end of life date with respect to a Product(provided CSA has given customer no less than ninety(90)days prior written note U
<br /> of such end of life date),CSA may withdraw such Product from maintenance coverage under this Agreement in which case Customer shall not be entitled to a ,
<br /> refund for any payments made hereunder. to
<br /> d
<br /> U
<br /> 17.0 ORDERING OF SUPPLIES AND OTHER MATERIALS.Customer orders for supplies,Customer or field replaceable units,consumables,expendables or a cu
<br /> other materials(a)must include a valid Customer purchase order number;(b)are shipped to Customer FOB,CSA's warehouse;and(c)are subject to a thirty percent(30'
<br /> restocking fee if accepted for return by CSA pursuant to its Material Return Authorization(MRA)procedure. If Customer requires a carrier other than CSA's prefer C
<br /> carrier(s),the order will be subject to a surcharge plus actual delivery charges. "Expedite/Emergency Orders"are any orders,regardless of the shipping method,that 1 •c
<br /> Customer's request,must be shipped on the same day as ordered and such Expedite/Emergency Orders are subject to an expedite surcharge plus actual delivery charg d
<br /> Non standard carrier and Expedite/Emergency Order surcharges are subject to change without notice. Claims for shortages,damages in transit or lost shipments,as well c
<br /> invoice discrepancies must be made within thirty(30)days of receipt or invoice date(whichever is applicable). Customer agrees that it is purchasing only toner/develol Cf
<br /> and that the bottles are and will remain the property of CSA. Moreover, empty toner bottles for certain models are recycled by CSA in accordance with lL
<br /> environmentally friendly practices. Accordingly,Customer agrees to return to CSA those empty toner bottles for those certain models that are shipped to Customer w
<br /> pre-paid retum labels using such pre-paid labels. IN THE EVENT CSA DETERMINES IN ITS SOLE DISCRETION THAT CUSTOMER HAS ORDERI p
<br /> CONSUMABLES BEYOND ITS REASONABLE REQUIREMENTS BASED ON INDUSTRY ACCEPTED CLICK VOLUME MEASUREMENTS,CSA MAY,IN I' N
<br /> SOLE DISCRETION, UPON REASONABLE DEMONSTRATION OF SUCH EXCESS USE TO CUSTOMER, BILL CUSTOMER THE LIST PRICE OF TI d
<br /> EXCESS CONSUMABLES. O.
<br /> O
<br /> >,
<br /> 18.0 MAINTENANCE SERVICE CHARGES. For the period covering the Effective Date to the date that monthly billing commences for the first Minims
<br /> Maintenance Payment set forth on the Cover Sheet("Interim Period"), Customer shall pay CSA an amount equal to the Minimum Maintenance PaymE U
<br /> divided by 30 and multiplied by the number of days in the Interim Period. Such amount shall be due and payable on the tenth day following the date tt ;
<br /> monthly billing commences. CSA shall invoice the Minimum Maintenance Payment in advance and shall invoice the Excess Meter Charges and other usa, at
<br /> fees("Maintenance Service Charges")periodically as indicated on the Cover Sheet If applicable, Customer provide meter readings by the last calendar d E
<br /> of each month the monthly usage by a CSA approved method. Should such meter readings not be provided in a timely fashion,Excess Meter Charges m 5
<br /> be estimated by CSA. Except for wide format products, when supplies are included in the Minimum Maintenance Payment, Customer is entitled to t
<br /> amount of toner which,on average, covers six percent(6%)of the media unless another coverage rate is specified in an applicable program or docume
<br /> Notwithstanding any other provision herein and in addition to Maintenance Service charges,CSA may assess a fuel surcharge("Fuel Surcharge")to offs
<br /> increases in fuel expenses.The Equipment may contain software that allows CSA to access the Equipment remotely("Remote Software"). In such case
<br /> Customer authorizes CSA to use the Remote Software to(a) receive software updates and transmit use and service data accumulated by the Equipme
<br /> over Customer's network by means of an HTTPS protocol and (b)store and analyze such data solely for CSA's own purposes related to servicing t
<br /> Equipment and for product improvement. Customer hereby requests that CSA enable the Remote Software on the Equipment listed on the Cover She
<br /> and/or Customer Agreement Addendum.
<br /> Customer Agreement Terms and Conditions Form#USA9500 rev 12/18/12
<br /> I Packet Pg. 91 I
<br />
|