601 S. San Gabriel Blvd., San Gabriel, CA 91776
Ph: 626-285-0911 | Fax: 626-285-2684
www.copyfree.com
SO#:
Account #: CO04-000 SHIP TO Same as Invoice To Account #:
Customer Name
Address
City State State Zip
CA
Contact/Title Contact/Title Telephone
Email Address Email Address Fax
Order Date Requested Install Time PO # Sales Invoice #
12/12/2024
EQUIPMENT AND SUPPLIES Addendum attached
Unit Price
$3,570.00
LEASE OPTION
Lease App. # Credit Card #
Sales Tax %
End of Term Pmt Frequency -
FMV Monthly
Lease # Rental Term Contract # Deposit %
See Above 0.00%
Model Serial # Advance Payment(s) Promotion Code
See Above See Above
Service Included Plan Type (see Maintenance Plan Types in Terms) Billing Start Date Agreement Term P.O. # Toner Inclusive Maximum Allotted Toner Expiration Copies Base Billing Cycle Overage Billing Cycle Contract # Equipment Covered: Contract Base Total: $412.78
B/W Color B/W Color B/W Color
1 iWR 3,000 3,000 $0.0148 $0.0842 $99.00
2 iWR 13,200 - $0.0114 - - $50.16
3 iWR 3,000 3,000 $0.0115 $0.0702 $81.70
4 iWR 3,000 3,000 $0.0115 $0.0702 $81.70
5 - - - - - - - -
6 iWR 6,000 3,300 $0.0115 $0.0702 $100.22
OFFICE USE ONLY
x
SM Date
Customer's Authorized Signature Date
OP Date
CA Date
Customer's Printed Name Title
1 EA 5963C002AA
New Canon imageRUNNER ADVANCE DX C3926i Ships w/ Cabinet Type-W, Inner FinisherL1, and Toner Setup Kit (Crowell Library - 2nd Floor - Admin Office) Included 1 EA 5963C002AA
New Canon imageRUNNER ADVANCE DX C3926i Ships w/ Cabinet Type-W, Toner Setup Kit, and Jamex 9557 Coin/Bill Vending Machine Jamex with Automated Reporting Software to Include 5 Years Extended Warranty (Crowell Library - 1st Floor - Public Use) Included 1 EA 2939V452 Peel & Stick Respostionable Media 36" x 100' - 1 Roll/Box Included 2 EA 0856V683 Economy Bond Paper (75 gsm), 42"x 150ft Included 1 EA 1708BE65AA TX-4200 4 Year eCarePAK Included
1 EA 1156C002AB Maintenance Cartridge MC-30 Included
SALES ORDER AGREEMENT
*For meter collection using imageWARE Remote, enter "iWR" (see imageWARE Remote Meter Collection under Terms and Conditions). 5963C002AA
Balance Due
New Canon imageRUNNER ADVANCE DX C259iF Ships w/ Toner Setup Kit (Crowell Library - 1st Fl - Circulation Workroom Office)
New Canon imageRUNNER ADVANCE DX 529iF Ships w/ Toner Setup Kit (Crowell Library -1st Floor – Circulation (Passport))
Extended Price
5847C003AA $741.85
Item #
5848C002AA
6855C010AA
New Canon iR ADV DX C3926i (Fire Department)
New Canon iR ADV DX C3926i (Crowell Library -2nd
Floor - Admin Office)
New Canon iR ADV DX 529iF (Crowell Library -1st
Floor – Circulation (passport))
New Canon iR ADV DX C259iF (Crowell Library - 1st
Fl - Circulation Workroom Office)
6 EA 100
Implementation Services - Delivery, Installation and Network Connectivity up to 5 workstations
60 Months
Description
See Above
Canon Financial
60 Subtotal
Leasing Company
MAINTENANCE INFORMATION
1 EA Included
Grand Total
Term (mo)
No Charge
Serial #
Exclusions &
Special
Instructions:
Plan I Service Program is an all-inclusive service contract that includes toner, parts, & labor; excludes staples and paper. Should Customer’s use of consumable supplies exceed the manufacturer’s published yields for these items, Customer agrees that Copyfree shall have the right to charge for any such excess usage, which shall be deemed an “Excessive Supply Usage Charge.”. TX-4200 includes extended eCarePAK to cover 5 years total. Excludes consumable supplies (including prints heads, ink tanks, and maintenance kit cartridges).
Base Rate Overage Rate Starting Meter Allowance Copies Per Overage Billing Cycle
By your signature below, you agree to lease/purchase, as specified above, the items listed above or in any addendum(s) to this agreement. Also, by your signature below, you agree to purchase the maintenance services specified above. By executing this agreement, you acknowledge that you have read this agreement, received a copy of this agreement, and certify that you are authorized to execute this agreement on behalf of Customer. Authorized signature acknowledges terms/conditions of this agreement, including expiration dates, and/or meter readings.
New Canon iR ADV DX C3926i (Crowell Library -1st
Floor - Public Use)
New Canon imagePROGRAF TX-4200 (Crowell
Library - Basement)
Make / Model Meter Method*
$741.85
Sales Tax Plus Applicable Taxes
Included
See Below
CSMP/PROMOTION
Included
City of San Marino - Crowell Library ; Fire Dept.
City
1 EA
Plan I
Exp. Date
Queena Wei
Salesperson
Address
2200 Huntington Drive
Zip
San Marino
Nicole Tibbet / Community Engagement Mgr
[email protected]
PURCHASE OPTION
Fax
(626) 300-0781
Telephone
91108
Deposit $0.00
$0.00
7-24-70-46-01
$741.85
New Canon imagePROGRAF TX-4200 Ships w/ Main Unit, SS-41 Stacker, Stand,1 Print Head, Starter Ink Tanks MBK/BK/C/M/Y (330ml), 1 Maintenance Cartridge (Installed), 2" Roll Holder with 3" Adapters, Installation Guide, User Registration Card, Printer Warranty Statement, Print Head Warranty Statement, Call Center Notice, Media Compatibility Flyer, PosterArtist Web Notice Flyer, iWR Service Terms Leaflet, Safety and Environmental Information, USB port (High Speed),
Power Cable & Screw, Gigabit Ethernet (Built-In) (Crowell Library - Basement) New Canon imageRUNNER ADVANCE DX C3926i Ships w/ Cabinet Type-W, Inner FinisherL1, Super G3 FAX Board-BH1, and Toner Setup Kit (Fire Dept.) Plan I Service Maintenance Plan - ** See Details Below ** City of San Marino
Customer Name
INVOICE TO
Requested Install Date
1 EA
Leasing Company
1 EA
Quantity
Monthly
Make
Payment Frequency
Special Pricing per the terms and conditions of Canon CSU Contract# 7-24-70-46-01. Please provide PO# as reference and also indicate "Per the terms and conditions of NASPO Contract# 7-24-70-46-01" on the PO issued to Copyfree.
Copyfree will assist customer with the pick up and return of (7) previous machines under (5) Leases. Lease # 001-0687029-002: (1) C356iF (SN# 2QC05178); (1) C3530i (SN# 2GU00932); (1) 525iF (SN# 2WU01085). Lease # 001-0687029-003: (1) C5560i III (SN# 2HT04303) and Lease # 001-0687029-004 (1) Jamex 9557 (SN# K00001747). Lease # 001-0687029-005 (1) TX-4000 (SN# AFMM01004). Lease # 001- 0735725-003 (1) C5535i III (SN# 2KJ10433); upon delivery and installation of new equipment, freight charge of $4,109.00 ($587.00/unit) waived. Scope of service will be included: machine pickup at customer's location, cleaning, packing, insurance, and freight back to Leasing Center. All cost will be covered by Copyfree.
CPI will be adjusted to average 3.5% annually
Early upgrade of Lease # 001-0687029-005 expiring 8/20/2025 with 10 months remaining. Special Upgrade to consolidate 5 Leases (# 001-0687029-002; 001-0687029-003; 001-0687029-004; 001-0687029-005; 001-0735725-003) to start/end at the same time.
Canon Financial
Quarterly
RENTAL OPTION
Check #
Upgrade
Yes No Plan H Plan I
10AM-12PM 1PM-4PM
Yes No
Trade-In Dispose
Plan D Plan F
Amex MasterCard Visa
601 S. San Gabriel Blvd., San Gabriel, CA 91776
Ph: 626-285-0911 | Fax: 626-285-2684
www.copyfree.com
SO #
General Terms and Conditions
1. TITLE: Title to the equipment described on Page 1 of Sales Order Agreement shall remain in COPYFREE TECHNOLOGY, lNC. (hereinafter called "Copyfree.") until the purchase price paid in full and is received at Copyfree's place of business.
2. PAYMENTS: lf the purchaser of said equipment (hereinafter called "Customer'') fails to pay Copyfree's invoices for said equipment when due, Copyfree may elect to: A. Declare the entire sum then owing, to be immediately due and payable, and bring suit to recover said sum, or B. Enter upon the premises of Customer, or the premises where the said equipment or any part thereof is located, and take possession thereof, and, as permitted by law, retain all payments made by Customer as reasonable rental for the use of said equipment. Customer hereby grants such permission to enter and waives, as consistent with law or public policy, all claims and right of action for damages caused by such entry.
3. RISK OF LOSS: Notwithstanding Paragraph 1 above, it is specifically agreed between the parties that the risk of loss shall pass to Customer as soon as the equipment is delivered to common carrier, licensed trucker, or to Customer and that risk of loss shall not be altered by the fact that the conduct of either party hereto may constitute a default or breach.
4. DELIVERY: A. Copyfree reserves the right to make delivery in installments. All such installments shall be separately invoiced and paid for when due, without regard to subsequent deliveries. Delay in delivery of any installment shall not relieve Customer of its obligation to accept the remaining installments. B. Customer shall pay for equipment delivery charges, and equipment placement charges as specified on Page 1 of Sales Order Agreement. C. Copyfree will not be liable for failure to deliver, or for delays in delivery because of causes beyond Copyfree's control, including, without limitation, strikes, delays of carrier or suppliers, government acts and regulations. Receipt of orders from all sources in excess of Copyfree's or its suppliers then scheduled production capacity, or other causes beyond Copyfree's control. D. This order shall not be cancellable by Customer for delays in delivery or other cause until ten days after written notice of such intention to cancel shall have been actually received by Copyfree, and Customer shall be obligated to accept any portion of the goods shipped or delivered by Copyfree during such period.
5. ACCEPTANCE: The signing of the order on Page 1 of Sales Order Agreement constitutes an offer, by Customer to purchase the goods described therein, and for the prices and terms specified, and such offer does not become binding until accepted by Copyfree at its head office. Customer agrees that Copyfree may accept an electronic image of this Agreement as an original, and that electronic copies of the Customer's signature will be treated as an original for all purposes.
6. GOVERNING LAW: This contract shall be governed by and construed according to the laws of stale of California and it is expressly understood and agreed by the parties that the contract is entered into at the office of Copyfree where acceptance of this contract is made.
7. WARRANTIES:
A. New Equipment and Accessories:
(1) Copyfree warrants that the goods covered by this order will be when delivered to Customer, of merchantable quality, and will be free from defects in workmanship and material for a period of 90 days from the date of delivery or agreeable number of copies, whichever occurs first by Copyfree under ordinary use and conditions. Copyfree's obligation hereunder is expressly limited to the repair or replacement (at Copyfree's option) of any such defects as are returned to Copyfree's office freight prepaid within the warranty period, and which are, upon inspection by Copyfree, proven to be defective. If not repaired or replaced by Copyfree, Copyfree's liability shall be limited to the stated selling price of such defective part or parts. Other parts, not under warranty will be at such costs as Copyfree may, from time to time generally establish. In no event shall Copyfree be liable for any resulting or consequential damages for failure to repair or replace any defective part or parts. (2) Upon request of Customer, Copyfree will, for a period of 90 days from date of installation of the equipment described on Page 1 of Sales Order Agreement hereof, make all necessary adjustments, repairs, and/or parts replacements to keep said equipment in good working order, provided that such adjustment, repair or replacement is not required because of negligence, misuse, or equipment alteration by any person other than an employee of Copyfree.
(3) It is understood that consumables (fuser rollers, drums, master, developer and toner) carry separate warranties, and are not covered by the above expressed warranties. The above described consumables will be replaced by Copyfree on a prorated basis only.
(4) Also not covered is damage to cosmetic items such as, but not limited to, metal, glass, plastics, stands, doors, trays and cassettes. (5) Damage due to accidents or negligence of Customer is also not covered.
B. Reconditioned Equipment and Accessories:
(1) Reconditioned equipment means used equipment which has been subject to the following processes by Copyfree. (1) Cleaning, (2) Inspection, (3) Replacement of defective or worn components with new, remanufactured or used components, (4) lnstallation of all modification kits deemed necessary by Copyfree, and (5) operational testing. (2) All warranties described under paragraph 7(a) above for new equipment and accessories apply to reconditioned equipment. BUT FOR ONLY A 30 DAY PERIOD.
C. Used Equipment sold "As ls": "As ls" equipment sold under this contract is purchased by Customer “As Is" and Copyfree does not warrant that it is of MERCHANTABLE QUALITY, nor that it CAN BE USED FOR ANY PARTICULAR PURPOSE, nor does Copyfree make any EXPRESS WARRANTIES of any kind for said "As ls" equipment. There are no other warranties which extend beyond the face hereof. All other warranties, express or implied are hereby excluded.
D. Exchange: lf, at Copyfree's option, any equipment is exchanged, the unexpired portion of the warranty in effect on the replaced equipment shall continue on the replacement equipment for a maximum of 90 days from the date of the delivery of the original equipment.
8. ln any action brought on or under this contract, the prevailing party shall be entitled to all costs, including reasonable attorneys fees.
9. Finality of this Writing: This agreement constitutes the entire contract and exclusively determines the rights and obligations of the parties hereto any prior course of dealing, custom, or usage of trade or course of performance notwithstanding. No oral representations made by any employee or agent of the parties, and not included in this written document will be considered as a part of this agreement. This agreement may not be modified or terminated except in writing, signed by the Customer, and by an officer of Copyfree.
10. This contract shall not be binding on Copyfree until approved by Copyfree's branch office manager or head office.
11. Copyfree reserves the right at any time to revoke any credit extended to Customer if Customer fails to pay for any goods when due or if in Copyfree's opinion there is a material adverse change in Customer's financial condition.
12. Copyfree warrants that the goods covered by this contract when delivered to Customer are of merchantable quality and will be free from defects in workmanship and material for a period of 90 days. (New machine only by manufacturer’s standard warranty policies).
13. After goods are delivered Customer agrees to bear all risk of theft, loss of damage and that it is Customer’s responsibility to make sure that he has fire and theft insurance upon acceptance of delivery.
14. If invoices to Customer are unpaid and overdue, Copyfree may at this option pick up the said goods and a 25% restocking fee will be charged. Also copies made will be charged $0.35 per copy.
15. Warranty excludes consumable supplies such as drum kit, developer, fuser kit, toner, paper and staples. Also not covered is damage to cosmetic items such as, but not limited to, metal, glass, plastics, stands, doors, trays and cassettes.
16. $25.00 Charge for each returned check.
17. Item(s) referred to on this “Sales Order Agreement” carry a manufacturer/dealer warranty against all manufacturing defects for a period of 90 days, unless specified otherwise. Non-defective item(s) cannot be returned for refund after 24 hours of purchase. If returned within 24 hours, there will be a 25% restocking charge.
MAINTENANCE PLAN TYPES
Summary description of Maintenance Plan Type selected on Page 1 of Sales Order Agreement:
PROGRAM D (Regular): Covers labor, travel charges and general parts including gears, thermistors, bushings, bearings, clutches, pulleys, switches, relays, transformers & electrical wires/jacks. Does NOT cover hard disk drives, PCB boards, motors, belts, lamps, and power supplies, PM kit items such as drums, drum blades, master units, rollers, toners developers, and paper. There is no extra charge on priority calls and has unlimited calls within the allowed period and meter. This contract does not cover any consumable supplies such as toners, papers or staples.
PROGRAM F (Labor Only): Covers labor and travel charges. No extra charge on priority calls and has no maximum allowable calls. This contract does not cover loaners, however a loaner can be provided at an additional charge.
PROGRAM H (Full Service Plus): Covers labor and travel charges; major parts such as electronic boards, motors, and power supplies; as well as consumable parts such as drums, drum blades, paper feed tires, rollers, scrapers, corona wires, lamps and PM kits. It does NOT cover hard disk drives or supplies such as staples, toners, developers & paper. Unlimited number of service calls provided during the term of the contract.
PROGRAM I (Premium Full Service): Covers labor, travel charges & general parts including electronic boards, motors, power supplies, lamps, and consumable items such as drums, drum blades, rollers, paper feed tires, scrapers, corona wires & PM kits. Does NOT cover hard disk drives. No extra charge on priority calls and provides unlimited service calls for the term of the contract. This contract includes supplies.
Paper and staples excluded.
imageWARE Remote Meter Collection
Customer agrees to provide meter readings to Copyfree, if applicable, in accordance with the meter read option selected and Copyfree's normal procedures. If Customer has elected to utilize the imageWARE Remote features of the equipment, Customer has authorized Copyfree to (a) transmit use and service data accumulated by the Equipment over Customer's network by means of an HTTPS protocol and (b) to store, analyze and use such data for purposes related to servicing the Equipment and for product improvement.
601 S. San Gabriel Blvd., San Gabriel, CA 91776
Ph: 626-285-0911 | Fax: 626-285-2684
www.copyfree.com
SO #
Comprehensive Maintenance Agreement Terms and Conditions
1. DESCRIPTION OF SERVICES PROVIDED: Copyfree will maintain the equipment in good working order. Service will include: A. Unscheduled repairs upon request by customer during Copyfree's normal working hours. B. Ongoing maintenance as defined by current Copyfree service policies applicable to the respective products which include: lubrication, cleaning, adjustments, and the replacement of parts which are unserviceable. C. The un-serviceability of parts will solely be determined by Copyfree and replaced on an exchange basis. Replaced parts will become the property of Copyfree. D. On-site engineering improvements (retrofits) deemed mandatory by Copyfree.
2. SERVICES NOT INCLUDED: Services not included in CMA will be charged in accordance with Copyfree's labor and materials rates then in effect. Services not included are not limited to, but include the following: A. Optional retrofits. B. Service connected with relocation of equipment. C. Installation of accessories, attachments, or other devices. D. Ongoing maintenance of any accessories, attachments, or other devices not listed from the onset of this agreement. E. Exterior cleaning, refinishing or painting of equipment. F. Performance of normal operator functions as described in the original equipment manufacturers (OEM) operator manuals. G. Incomplete service calls requiring repeat visit to Customer location due to customer not having supplies available at time of service call performance. H. Repair of damage from any cause from other than ordinary use, except damage caused by the sole negligence of Copyfree. I. Copyfree will not assume any liability for any conditions arising from electrical circuitry, including but not limited to power surges, external to the Equipment and Equipment line cord, nor is any external electrical work covered under this agreement. J. Increase in service time resulting from neglect or unique application. K. Work directly or indirectly required due to Customer's Information Systems, including but not limited to Software, Computers, Data, Files and Network, including but not limited to additions or changes, not specified as hardware covered by the Agreement. CUSTOMER IS RESPONSIBLE FOR TIME AND ADDITIONAL WORK INCURRED TO DIAGNOSE PROBLEMS, WHICH ARE FOUND TO BE INFORMATION SYSTEMS RELATED AND NOT A FAILURE OF THE HARDWARE.
3. HARDWARE ONLY COVERED: Only Equipment and Accessories hardware are covered by this Agreement. Copyfree is not responsible in any way for Customer's Information Technologies, including, but not limited to, Software, Computers, Data, Files and Network. On an as needed basis Copyfree may access or otherwise utilize Customer's Information Technologies in order to diagnose, adjust, or otherwise remedy problems related or seemingly related to Customer's Equipment; however, Copyfree is not responsible for Customer's Equipment failure to perform in whole or in part due to Customer's Information Systems.
A. Customer is responsible for executing separate license Agreements(s) and Copyfree is not a party to and has no responsibilities whatsoever in regards to such license Agreement(s).
B. Copyfree makes absolutely NO WARRANTIES OF MERCHANTABILITY, DATA ACCURACY, SYSTEM INTEGRATION OR FITNESS FOR USE. AND TAKES ABSOLUTELY NO RESPONSIBILITY FOR THE FUNCTION OR DECENTIVE NATURE OF SUCH SOFTWARE, SYSTEMS INTEGRATION, YEAR 2000 COMPLIANCE OR OTHER USE IN REGARDS TO SUCH SOFTWARE. C. With the exception of willful negligence, CUSTOMER HOLDS COPYFREE HARMLESS AND WITHOUT ANY LIABILITY FOR DAMAGE OR ANY OTHER CLAIMS REGARDING DAMAGE TO CUSTOMER'S INFORMATION SYSTEMS.
4. REPLACEMENT OF MACHINES AND ACCESSORIES: If Copyfree, in its sole judgment, cannot maintain the equipment in good working order, may replace the equipment with another unit in good working order of the same product designation subject to the following provisions: A. Copyfree may replace the equipment, and or accessories, with the same model, or comparable equipment with similar capabilities. If replacement unit has greater capabilities, Customer agrees to pay then current service rates for the replacement unit. If a replacement unit is required, Copyfree will bear all equipment placement, removal, and transportation charges, exclusive of excess rigging. Copyfree may discharge its obligations under this Paragraph by making payment to Customer equal to the Equipment's fair market wholesale value. No additional warranties apply to the replacement unit. The replaced unit becomes the property of Copyfree. The replacement unit is provided to Customer free of liens or any other obligations. B. The replacement of equipment or accessories is limited to a specified period of time. This period is five (5) years for equipment with a rated speed of fifty pages (50) per minute and above, and three (3) years for equipment with a rated speed of forty-nine (49) pages per minute or less. This period is from the date of original equipment manufacturer or remanufacture.
5. INVOICING: A. Customer shall submit true and accurate equipment meter reading to Copyfree for all equipment by the end of the second work day of each billing period in any reasonable manner requested by Copyfree. If Customer fails to submit meter reading, Copyfree may estimate meter readings and invoice accordingly. B. Charges may be billed in advance. Payments are due within thirty (30) days of invoice date.
Late payments will incur a 2.0% charge per month beginning on the thirty first (31st) day after the invoice date on the unpaid balance or at the maximum legal rate whichever rate is lower. For payments not made within forty-five (45) days of invoice date, Copyfree reserves the right to remove any parts replaced into the equipment during the preceding six months or supplies provided previously by Copyfree. Customer agrees that this may render the Equipment inactive. Disabling Equipment as described herein does not reduce Customer's charges while the machine is disabled.
6. PRICE INCREASE: If increased, the maximum yearly price increase shall not exceed ten percent (10%) or the annual percentage increase of the Consumer Price Index (CPI), whichever is greater, rounded up to the nearest dollar.
7. BREACH or DEFAULT: A. If Customer does not pay the amounts due hereunder or breaches any terms of this agreement, Copyfree, at its sole discretion, may terminate this agreement effective upon written notice. B. Customer agrees to pay to Copyfree its reasonable and necessary attorney's fees and legal expenses incurred in exercising any of its rights and remedies upon breach of this agreement by Customer.
8. DAMAGES: Copyfree shall not be responsible for direct, incidental or consequential damages including, but not limited to, damages arising from the use or performance of equipment or the loss or use of the equipment.
9. FORCE MAJEURE: Except for the obligations of payment set forth herein, neither Copyfree nor Customer shall be responsible for failure of performance of contracts resulting from orders placed hereunder, due to causes beyond its control, including, but not limited to, work stoppages of Copyfree employees or employees of others, fires, civil disobedience, civil commotions, riots, rebellions, insurrections, acts of God, and similar occurrences. Copyfree will not be responsible for failure of performance resulting from the equipment manufacturer failing to supply needed parts in a timely and reasonable manner.
10. TERM and RENEWAL: This Agreement shall cover the indicated period of time, and is effective on the date, as designated. IT IS IMPLICITLY AGREED BY BOTH PARTIES THAT UNLESS THE CUSTOMER PROVIDES WRITTEN NOTICE TO COPYFREE THIRTY (30) DAYS IN ADVANCE OF EXPIRATION OF THE ORIGINAL TERM AND ANY SUBSEQUENT RENEWAL TERM, THEN THE AGREEMENT SHALL AUTOMATICALLY RENEW FOR ADDITIONAL PERIOD OF TWELVE MONTHS.
11. CANCELLATION: A. Customer may cancel this agreement with thirty (30) days written notice as provided above and the payment of any Early Termination charges. Both Customer and Copyfree agree that due to the uncertain nature of comprehensive maintenance (all parts and labor for scheduled and unscheduled service requirements), specific projected profits derived from maintenance agreements are difficult to calculate; therefore, Customer agrees that Early Termination charge described herein does not constitute "liquidated damages" and are fair and reasonable amounts to compensate Copyfree for lost profits as a result of any cancellation prior to the end of the specified term. C. Early termination charges will be assessed based upon the number of remaining months left in the contract multiplied by the monthly minimum for each machine being cancelled. The number of months to be charged will not exceed twelve. For units without a monthly minimum, the multiple base will be $50.00 or the average monthly billings average over the term of the agreement whichever is greater. D. In the event of Cancellation by Customer, no refund of advance payments for MA's will be made by Copyfree. At Copyfree's sole discretion, a credit equal to the amount of unused advanced payment, less early termination charges or any other amounts due Copyfree from Customer, may be applied onto Customer's account for the acquisition of products or services offered by Copyfree.
12. CANCELLATION BY COPYFREE FOR OBSOLESCENCE: Copyfree may cancel any individual unit of equipment, regardless of it being included on a Comprehensive Maintenance Agreement with other equipment, if the equipment is more than five years old from the date of installation as a factory new unit, and in the sole opinion of Copyfree, can no longer be efficiently serviced. Copyfree will provide thirty (30) days advance written notice to Customer, and MA pricing will be adjusted by Copyfree to fairly reflect removal of equipment from agreement.
13. ALTERATIONS, ATTACHMENTS, AND SUPPLIES: If Customer makes an alteration, attaches a device, or utilizes a supply item that, in Copyfree's sole judgment increases the cost of Services, Copyfree will either propose an additional Service Charge or request that Equipment be returned to its standard configuration or that use of the supply item be discontinued. If, within five days of such proposal or request, Customer does not remedy the problem or agree in writing to do so immediately, Customer shall be in default of its obligation to Copyfree. If Copyfree believes that an alteration, attachment, or supply item affects the safety of Copyfree's personnel or Equipment users, Copyfree shall notify Customer of the problem and may withhold maintenance until the problem is remedied. Failure to notify Customer of a hazardous situation does not create any liability for Copyfree whatsoever. Withholding maintenance as described herein does not reduce Customer's charges or obligations.
14. CONSUMABLE SUPPLIES: A. Unless specified in writing, consumable supplies are charged separately from MA and include, but are not limited to, developer, toner, fuser oils, staples, paper and/or stitcher wire. B. Retained Title to all supplies furnished hereunder, including consumable parts such as drums, toners, developers, and other, remains in Copyfree's ownership until said supplies are consumed to the extent they may not be further utilized in the copy or print making process. In the event of Customer's default or cancellation of this agreement, all such supplies and consumable parts shall be returned to Copyfree on demand. Additionally, Copyfree reserves the right to charge Customer a prorated amount for any unused portion of consumable parts and supplies remaining. This proration shall be established by using the following formula: Copyfree Retail Item Price divided (/) by Manufacturers Estimated Yield Drum Volume multiplied by (x) Actual Remaining Drum Volume = Prorated Amount. C. Customer agrees to utilize only supplies manufactured by the same manufacturer of the equipment. D. For Equipment utilizing a cartridge type consumable products, Customer agrees to purchase consumable supplies solely from Copyfree. E.
Customer agrees to pay all applicable taxes and full shipping and handling for all consumable supplies, including consumable supplies covered under contract. F. For Maintenance Agreements in which supplies are included, MA pricing is based on consumable supplies yields published by the manufacturer. Should Customer’s use of consumable supplies exceed the manufacturer’s published yields for these items, Customer agrees that Copyfree shall have the right to charge for any such excess usage, which shall be deemed an “Excessive Supply Usage Charge.” Excessive Supply Usage Charges shall be established by using the following formula: Excess Supply Quantity multiplied by (x) Copyfree Retail Item price = Excessive Supply Usage Charge, whereby Excess Supply Quantity = Total Quantity Ordered Under Contract minus (-) NormalUse Quantity minus (-) Previously Billed Quantity and whereby Normal-Use Quantity = Equipment’s Current Meter Reading divided (/) by Manufacturer’s Published Item Yield.
15. COLOR EQUIPMENT METER NOTIFICATION: Equipment producing color images may require one scan or development for each black (mono) image and several complete scans or developments for full color images. Technologies and terms may vary from product to product; however, the cost per image for Equipment producing color images will be billed determined by the individual Equipment's meter configuration or set up.
16. RECRUITMENT AND HIRING OF EMPLOYEES: Customer and Copyfree agree not to solicit or recruit, either directly or indirectly, one another's employees. Customer and Copyfree agree to not employ, nor contract as a consultant, any former employee of the other until such employee has had minimum of six (6) months of employment separation.
17. GENERAL: A. Copyfree shall have free access to the equipment to perform service thereon and verify meter readings. B. Customer shall designate a key operator for each machine at each location. Customer should provide Copyfree with a complete listing of the key operators including machine serial number, location, and telephone number, prior to Copyfree beginning service. Copyfree will have the right to train and instruct key operators as deemed necessary by Copyfree. C. Copyfree will have the right to provide mandatory training for any operators when deemed necessary by Copyfree. D. Customer will provide proper space and environmental conditions as specified in the operator or technical manuals published by the manufacturer of the equipment. E. Customer agrees to use a surge suppressor that meets or exceeds the recommended specification of the equipment manufacturer. F. The terms copy, print, image, scan, impression, and development are used interchangeably and refer to a single billing unit with an image area of 8.5 x 11 inches or less. G. This contract may not be assigned by Customer without the prior written consent of Copyfree. H. Customer agrees to pay for all parking fees associated with service calls.
18. CHANGES TO AGREEMENT: This Comprehensive Maintenance Agreement constitutes the entire Agreement between Copyfree and Customer with respect to the subject matter hereof and may not be modified or terminated orally. No modification, termination or attempted waiver of this Agreement shall be valid unless in writing and signed by the party against whom the same is sought to be enforced.
19. REMOTE DATA COLLECTION: A. Copyfree may utilize 3rd party technology to automatically collect and transmit certain data from equipment via secure electronic transmission to an off-site location. Data collected from equipment may be used by Copyfree or a designated service provider to service equipment, or for Copyfree billing, or supplies replenishment. Automatically transmitted data may include, but is not limited to, product registration, meter read, supply level, equipment configuration and settings, software version, and error code data. All such data shall be transmitted in a secure manner specified by the developer of the technology being utilized. B. For Maintenance Agreements in which proactive monitoring services are included, Customer agrees to install a Data Collection Agent provided by Copyfree on a networked, Internet-accessible computer running at all times. For non-networked devices, Customer agrees to install an additional local agent on the computer to which the device is connected.