MAINTENANCE AGREEMENT Date:
Contract #
County:
Zip:
Fax:
(Includes all parts & labor; Excludes ALL consumables.) Excludes Drum (GP)
BUNDLED (AI)
Wide Format "Plus" (AIP)
NON-STANDARD (TO)
MANUFACTURER'S
PUBLISHED YIELD
PER CONTAINER
MINIMUM CHARGE
PER MONTH OVERAGE/PER COPY
CHARGE
0.0036
0.035
0.0195
0.07 0.065
$1,030.00 $10.00
0.075
NO
No base billing
x
DATE
x
DATE
UBEO West, LLC APPROVAL TITLE
v 8.0 02/26/2016
CUSTOMER SIGNATURE TITLE
Print Name
For managed print agreements (Printers), you agree that if you retire, replace and/or add new equipment, you grant the UBEO West, LLC the ability to reflect these additions or deletions of said equipment and your payment under this agreement may adjust accordingly.
For agreements without a base billing, the above stated pricing is based upon the guaranteed number of images listed under "Estimated annual volume". All images will be billed per the billing in arrears for actual usage.
Customer agrees to purchase and UBEO West, LLC agrees to provide maintenance service for the equipment listed above, in accordance with the terms and conditions of this agreement. No terms or conditions, expressed or implied, are authorized unless they appear on the original of this agreement and are signed by the customer and an officer of UBEO West, LLC. The additional terms and conditions of this agreement listed on the reverse side are incorporated in and made part of this agreement. No change, alteration or amendment of these terms and conditions are authorized or effective unless agreed upon in writing by an officer of UBEO West, LLC. No course or dealing or other conduct or custom shall constitute an amendment to the terms hereof nor alter or vary the terms of this agreement.
Annual Monthly Annual
Quarterly Semi-Annual Quarterly Semi-Annual
QUANTITY OF TONER INCLUDED IN AGREEMENT: Minimum Total Per MONTH In the case of supply inclusive agreements, UBEO West, LLC will supply to the Customer toner free of charge according to the Manufacturer's Published Yield per Container. At UBEO West, LLC's discretion, may perform a Toner Usage Reconciliation audit from time to time. If Customer's toner usage exceeds the manufacturer's published yields, UBEO West, LLC will bill the Customer for excess toner usage at its lowest published price.
(Plus Applicable Taxes)
SPECIAL INSTRUCTIONS
RENEWAL: YES
BILLING CYCLE - Bases BILLING CYCLE - Meters
Monthly
xMedius Fax Numbers (DID) 103
xMedius Per Page (SUB)
Hp model SFP & MFP Cost per Color Impression
Cost per MICR Impression
E87740/50/60/70 Series Cost per Color Impression
HP model SFP & MFP Cost per Black & White Impression
COVERED EQUIPMENT
COVERED EQUIPMENT ESTIMATED ANNUAL
VOLUME
MINIMUM VOLUME
CHARGE PER MONTH
E87740/50/60/70 Series BW Cost per Black & White Impression COVERAGE TYPE: (Network support and related technical services are NOT covered by this agreement. Such services are offered with optional TSA agreement.)
STANDARD (GF)
(Includes all parts, labor and consumable toner. Consumables such as, but not limited to staples, ink stamps, paper or specialty media are excluded)
(Includes all parts, labor & supplies, including 20 lb standard bond paper) (Includes consumable toner cartridges only. Excludes all parts, labor, and consumables such as, but not limited to staples, ink stamps, paper or specialty media)
This maintenance plan is effective for 60 months from the agreement start date (install date if applicable). Base charges are payable in advance with overages billed in arrears
Phone Number:
Email Address:
Primary Service Tech:
Email Address: [email protected] Email Address:
Meter Contact Information:(for those not pulling electronically) AGREEMENT START DATE: Upon Delivery Contact Name:
Phone #: (818) 238-5495 Phone #:
Contact: Contact:
State: CA Zip: 91502 State:
Company Name: City of Burbank Company Name:
City: Burbank County: City:
Department: Accounts Payable Department:
Address: 275 East Olive Ave Address:
3131 Esplanade, Chico, CA 95973 PH: (530) 343-6065 FAX: (530) 343-9470 Purchase Order# UBEO Account Rep: Brett Edmondson
(Include hard copy if PO is required)
BILL TO: SHIP TO:
Attachment 1
1 2
3 4
a)
b)
c)
d)
5 6
7 8
9 a)
b)
c)
10 11
12 13
14
Customer Initials 0
This agreement constitutes the entire agreement between the parties with respect to the furnishing of maintenance service superseding all previous proposals oral or written. No representation or statement not contained herein shall be binding upon UBEO West, LLC as a warranty or otherwise, nor shall this Agreement be modified or amended unless signed by UBEO West, LLC's General Manager
Cancellation for Non-Performance: Customer may cancel the agreement for non-performance as follows: Customer must forward to UBEO West, LLC via registered mail, to the address listed on the front of this document, the specific problems with the system or other area(s) of non-performance and dissatisfaction. UBEO West, LLC shall have 30 days to correct the problem. If UBEO West, LLC has not corrected the problem within 30 days, Customer may notify UBEO West, LLC of their intent to cancel in 30 days, after which time the Customer is no longer bound by the Liquidated Damages portion of this agreement. Cancellation of the maintenance agreement for non-performance does not provide relief to the Customer from being obligated to make all remaining lease payments (if any) to the leasing company providing financing services for the equipment in question. This agreement may be cancelled by UBEO West, LLC for any reason.
Retained Title: Title to all supplies furnished hereunder, including consumable parts such as drums, remains with the UBEO West, LLC until said supplies are consumed to the extent they may not be further utilized in the copy/printing process. In the event this agreement is cancelled by either party, Customer agrees to return to the UBEO West, LLC all unused supplies provided under this agreement including toner and photoconductor.
UBEO West, LLC's obligation and warranties under this Agreement are in lieu of (a) all other warranties, expressed or implied, including implied warranties of merchantability and fitness for a particular purpose and (b) all other obligation or liabilities for damages including but not limited to personal injury or property damage, loss of profit or other consequential damages arising out of or in connection with this agreement of the maintenance service performed hereunder. Nor shall UBEO West, LLC be responsible for delays or inabilities to service caused directly or indirectly by strikes, accidents, climatic conditions or any other reason of similar nature beyond its control. This agreement shall be governed and construed according to the laws of the State of California.
Payment terms are upon receipt of invoice (URI) unless otherwise specified. Late charges will be assessed on the outstanding balance if payments are not received within 15 days of invoice date. The minimum late charge is $9.50. Late charges will not exceed the maximum permitted by law. Customer agrees to pay to UBEO West, LLC a charge of $25 for any returned checks per occurrence if any of seller's checks are returned to UBEO West, LLC unpaid. Upon default of any payment or any other aspect of this Agreement, UBEO West, LLC may at its option, declare the entire outstanding balance due and payable, including the Liquidated Damages stated in Section 9 of this Agreement.
In the event of any litigation arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs from the other.
Additional service such as cosmetic, modification, or relocation, etc. requested and authorized by Customer and rendered by UBEO West, LLC will be charged at established rates for such service.
If customer's service and/or supply account becomes past due, UBEO West, LLC may (a) refuse service or delivery of supplies until account is made current or (b) provide service on a C.O.D. per call basis at the then current rate for time and materials. Additionally, Customer agrees to pay to UBEO West, LLC its cost and expense of collection including reasonable attorney's fees and all charges earned for service provided before the Customer went on a per call C.O.D. basis for non-payment per the terms of the agreement.
Liquidated damages: In the event that the customer defaults or chooses to cancel this Agreement before its original term or any extension thereof, Customer promises to pay to the UBEO West, LLC the following amounts as reasonable liquidated damages (and not as a penalty) for breach thereof:
Contracts with 24 or more months remaining: twelve times the monthly base (or as the case may be quarterly base divided by 3) plus six months average overages, if any. Overage average shall be determined as the average sum of overage billing the customer has been invoiced for during the current term or 6 months whichever is longer.
Contracts with 13 to 23 months remaining: nine times the monthly base plus six months average overages, if any. Overages average shall be determined as the average sum of overage billing the customer has been invoiced for the previous 6 months.
Contracts with 12 or less months remaining or any subsequent 12 month renewal: six times the monthly base plus six months average overages, if any. Overages average shall be determined as the average sum of overage billing the customer has been invoiced for during the previous 6 months. reconditioning or modification to the equipment except those specified by UBEO West, LLC's Technical Service Department to assure greater performance of the equipment.
All of the foregoing shall be invoiced in accordance with UBEO West, LLC's established per call rates and part charges then in effect.
Additionally, UBEO West, LLC shall have the right, when reasonably in need for reasons of significant equipment failure, to substitute equivalent Equipment (age, model, accessories and meter) at any time during the term thereof. Any removed parts replaced by UBEO West, LLC shall become the property of UBEO West, LLC. UBEO West, LLC shall have full and free access to the Equipment in order to provide service thereon and customer shall from time to time advise UBEO West, LLC of the names of its employees who shall act as "key operators," with responsibility for performing basic operator maintenance as described by UBEO West, LLC personnel.
Certain "housekeeping" duties as outlined in the Owners Instruction Manual provided with the equipment (such as cleaning the glass, clearing misfeeds, if possible, etc) are the customer's responsibility. If a representative of UBEO West, LLC is called to do servicing of this nature the customer will be charged at the established rates for this service.
Customer responsible for providing manufacturer recommended, adequate power supply.
Meter reading(s) must be provided by customer in accordance to the frequency stated on the reverse side of this Agreement. Customer agrees to provide correct meter readings to insure accurate and timely billing to the customer by UBEO West, LLC. If correct meter readings are not provided timely, UBEO West, LLC will calculate an estimated meter reading(s) and bill the Customer in accordance to the frequency contracted for. UBEO West, LLC may assess an additional surcharge to offset administrative costs should calls need to be made to Customer in order to secure meter readings. In addition, UBEO West, LLC may automatically collect from the Equipment, via electronic transmission to a secure off-site location, certain data to be used for servicing the equipment, billing meters, supply replenishment or product improvement purposes. Automatic transmitted data may include, but is not limited to, product registration, meter reads, supply level, equipment settings, and problem/fault code data. All such data shall be transmitted in a secure manner specified by UBEO West, LLC.
Maintenance charges provided herein are based upon the current costs of parts and labor and are subject to periodic increases and the effect of inflation. After the first year anniversary date of this agreement and any subsequent twelve month period, the minimum annual or monthly maintenance charges and charges for any overage copies/prints will increase a minimum of 5% over the charges of the previous year. In addition, the minimum billing charge, on any single billing period shall be $35.00. In addition, UBEO West, LLC may assess an additional fuel and/or freight surcharge to offset higher than normal service costs as a result of adverse economic conditions.
It is understood that should customer wish to add additional, recently acquired but not "new", printers (HP, Kyocera and the like) to this agreement that UBEO West, LLC reserves the right to inspect and approve the addition of each. Such approval is contingent on age and overall condition of the printers in question. UBEO West, LLC might, after inspection, require that certain reconditioning or repairs be made before the equipment in question is covered under this maintenance agreement.
All routine preventative maintenance and emergency service necessary to keep the equipment in efficient operating order will be performed by UBEO West, LLC staff during its regular business hours (8:00 AM to 5:00 PM Monday through Friday except holidays) at no cost to Customer provided that such services shall not include the following:
repairs resulting from causes other than normal use; Customer's willful act, use of any paper stock that does not meet machine specifications, negligence or misuse including, without limitation, damage to any part or mechanisms and/or use or supplies or spare parts not manufactured and/or use or supplies or spare parts not manufactured by the original equipment manufacturer and which cause abnormally high service calls or service problems; accident, transportation, failure of electrical power, air conditioning or humidity control related problems, acts of nature (fire , flood etc), theft or repairs made necessary by service performed by personnel other than an UBEO West, LLC representative, or work which the customer requests to be performed outside regular business hours, or UBEO West, LLC MAINTENANCE AGREEMENT - TERMS & CONDITIONS During the term of this agreement, and for each unit of equipment listed on the front of this document or any subsequent amendment or Schedule, the UBEO West, LLC will provide, without additional charge, emergency repair service, preventative service, replacement parts (except under the conditions noted in this agreement) and in case of supply inclusive agreements (see front page for this agreement's specific coverage) all supplies (except, as applicable, paper, staples, and clear toner) under the usage limitation conditions listed in the front page of this document. The initial term of this agreement shall be for a period of 60 months and shall be automatically renewed for additional 12 month periods unless written notice is received by either party at least 90 days prior to the expiration of the initial term of the Agreement or any renewal thereof. This agreement shall NOT be assignable by customer without UBEO West, LLC's prior written consent. UBEO West, LLC shall have the right to cancel this agreement if any item is sold to a third party without such consent.