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HomeMy WebLinkAboutAgreement_General_10/13/2012 Customer Initials: A�I MA S, IN-T�N.A.0 CONTRA,CT Lj MAml wo.o BUSINESS SOLUTIONS CUSTOMER NUMBER' DATE Sales Representative* Customer agrees to purchase and Toshiba Business Solutions agrees to provide parts, labor, ink, toner, and toner collection containers (the "Maintenance Services") for the equipment listed below in accordance with the terms and conditions of this contract. The Maintenance Services exclude Paper, staples and all other pans and services listed under the Exclusion section an page two of the contract. A Connectivity & Security Options Agreement must be attached and executed for Network Integration Support. Customer Name: Village of Tequesta Police Department Bill to Number BiHbV Address: 345 Tequesta Dr Phone #: 561-768-0554 Ext. Fax# Address 2 Contact Brad Gomberg Customer PO #: city: Tequesta State: FL zip: 33469 e - bgomberg@tequesto.org F04VO • L LLC1 N PeWT-11F.7-13- 'j Invoicing Invoice - Location: SEE ATTACHED MAINTENANCE CONTRACT SCHEDULE FOR DEVICE DETAILS TRANSAcTloN TERM9 ­­­­ -- p 61) ted InimuMs'Per o Minimum Payment Ex Pool Description Excess Excess Billing F Includes Units Payment Frequency C"Ae Frequency e3040c Black Images 0 Clicks $ Monthly $0,00689 Monthly 1e3040r I color Images Monthly $0.05283 Monthly Customer is declining maintenance an the equipment fisted above, Printed Name: Title: Si yy,F pDate. THE TERMS AND CONDITIONS HEREOF ARE PART OF THIS SERVICE AGREEMENT. BY SIGNING THIS CONTRACT, THE CUSTOMER ACKNOWLEDGES THAT THEY HAVE READ AND UNDERSTAND THESE TERMS_ Customer agrees to pay We Minimum Payment per transaction terms, plus any Exce Pei Click Charges for the term of this Contract. When this Contract is signed by Customer and TBS, it shall constitute a binding contract and is non- cancelable. This Contract will begin on the date signed by TBS below. You hereby acknowledge, and agree that your electronic signature below shall constitute an enforceable and original signature for all purposes. Customer: Village of Tequesta Police Department Toshiba Business Solutions Printed Name: I'Vi e- (!SO L t Z-LO Printed Name: Signature. —-5- Signature: Title: Ina t) a I e 2 !Date- 9/12/2012 Title Effective Date: TERMS AND C ON DITIONS (s' s Cu torner Initials 1. ACCEPTANCE. This Contract shall not be erlecfNe unless signed by ft A TBS repesentoM (Ff Dale) within 30 days from the Customer's slgring of the Contract. 2. TERM. This Contract tiff ramen in force for one (1) yea from the Effective Date (Renewal Date} and coif then be auoorna6caiiy renewed for annual penod(s) unless either perry provides notirk of termination not less then thirty (;P)) days prior to the Renewal Dale. Far earn pieta of equpmert u.'xie' this COmreCf mere wit tea Start Date &Start Meter wench is shown on the face of this Contract Service for each piece of equipment wit be provided from to Start Date & Slant Now upol this Contrast s larmivated or the equprrhphf is withdrawn ham the service. Cusomer may williftm IndNfdhml equipment by providing thirty (30) day wri en notice pdor in the Renewal Dare. C4=mai is respnnnbn for alt remaining Minimum Payments it Crammer is in defaut or If equprnerx is wlaidrarn poor to Renewal note 3. SERVICE AVAILAHit,ITY. TBS veil provide service during TBS's normal service hours white the equipment k located within TSS's designated seMce area Service outside TBS's designated area If evdlea a and etcepted by I HS is subject to a Tn The smite to keep the egdprent In or reffiona era o"pro nt to good working order includes Emergency Service Calls a Periodic Mainternerke (PM's). PM's may be performed dxifrp the course of all Emegerncy service can and are based upo If the Customer requests service to be per formed at a trrie outside TBS's normal service hours, there wit be no addtlonal Charge [ Of malnteftw" parts, however, tie service. It available. will be furri at THS's applicable hoary rates and terms C In the event there is a substantial increase In rte Cost of fuel Customer fees to pay a fury o rchage. 'Subsfantiar shall be defined as a 10% or more charge over a sib month period in the average rational fuel cost as reported ty the United Stet 4. NETW'ORK INTEGRATION SUPPORT. SuppMOf print carbdlers and prinVsran enablers that pemrt tw mlvallon of the device undo d CAOun fs network s covered under the terms of a propery executed Connoc%rity & Saordty 0p bons Afire 5. INVOICING - LATE CHARGE &, Tne W Minim Payment is due upon receipt of an rmolra, t hereafter Minions Payments will be due on Me soma data each month during the Term of this Convect whether or net Customer receives an invoice, Nary part of a payment is nor made by the Customer when due, Customer agrees to pay TBS a Late Charge of the higher or 16 Of Iwo percent ;2%) of each such We payment, but not mare then permidod bylaw. Customer agrees to pay TBS t1h S. USAGE. to return for the Minimum Payment Customer it endlkd rouse the Miniri Number Of Clicks each billing period f' Customer uses more then the Magnum Number of Clicks in any billi period, Customer hriI pry an additional amount el Custanwr wit provide meter readings via an automated wetsie when requested by TBS. TBS may esimale the number of nlicks used if requested Meter Readings are not received bete e a maw lolling period begins. TBS 0 adjust the estimated r The Minimum Payment and Fxcess Click Charge are subject to increase each year dtrkg to Term of this Contract by an amount not to exceed Rkeen percent (15 %) of the Mlnknum Proem and Excess Cick Charge In effect at the and of the prk I. CONSUMABLE SUPPLIES. TBS agrees In (engSh tends supplies ink, toner and Minx collation nhrtarrers) for the Term of the Contract. Customer is responsible for ordering supplies to assure ample tine for delivery. TBS may charge ym AT guppies delivarryi as pad of this Co obi remain the property or TBS unfit and unless they are consumed by the equipxnent in the pedomrance of this Contract Any guppies not consumed 8s species and not surrendered to TBS upon expkato 6. TAXES In addition to the charges due jailer this Contract, the Customer agrees to pay amounts equal to any taxes resulting from Ibis Contract, or any activities hereunder, e1 of taxes based upon net incorrie. 9. INSTALLATION AND ACCESS TO EQUIPMENT. CusBanar agrees in provide adequate space, rmvironment and appropriato aleck ical requirements including, if requred, a dedicated 110 volt or 220 coq electrical lino, alt pubtsbod in the Operator If persons other than TBS repiesenmtves instal rwrrrersions, feature additions, accassorm of perform ser ce on equipment and as a result further repair by TBS s required, such repays shall be made at TM's eppicable lime and Material rake a 10. KEY OPERATOR • W -USER TRAINING. Customer agrees to desydihate a Key Operator for Wk*g an the use, applications acs tea ufas of the equipment The Key Operator wit be responsible for normal Key Operator acwtus as detain;) in t 11. EXCLUSIONS. Service Order this Contract does not include: (a) Furnishing paper, moping, replacement print heeds a any of the fallowing � (b) Service of equipment if moved outside of TBS's designated service area; {r.) HePnr or damage or increase in semce lime caused by accident, misuse, negligence, abuse or disaster, (d) Service of a=ssories, attachments or rick ODOM devices ocher than these of the sauna marnife lurer as the equipment (e) Panting or refinishing of the equipment (f) Making specification charges: (g) overhaul; when TBS delermnes an overhaul is necessary because oorrrril repair and pats replacement Cannot keep the equipment in satisfactory operating eordAW. T9S will submit 8 cost estfrate b Custonxr and TBS WN not Commence work until Customer has approved cost ;h) Pedominp key opemtorluncions as described in t+e operator manual; (1] h ing equgment P idr of hdadiage or Increase in servce time caked by the use of the equipment kr ogler than the ordinay use fawhich designed; (u Raper otdamage caused by electrical surges or lightning strikes, I equipment is connected is a TBS supplied power hterrsu)e protector repairs will be Included; (k) Repay of darrag i w increase n service time caused by fadure to continually provide a suitable in i allabon anvirohmenl as delved by the manmlacbrer, with all the facifdes presrnbad by THS Including, but not limited to, adequate space, electrical I (I) Raper of equipment that has bean designated as obsolete by the manufaebwer and genuine OEM parts are no longer avalabte. (m) Repair of damage or increase of service [line caused by Cusbme s use of media Outside the specificabons.as described n The opemeor manual. 12 INDEMNITY AND DISCI MMER. TBS shat not be rasoonsrNe for any niudes, damages, ponal0es, claims or losses inciudi g legal expenses mourned by Customer or any other person caused by the Installation, selection, ownenshp, possession, i IN NO EVENT WILL TBS BE LIABLE FOR LOST PROFITS, CONSEQUENTIAL, EXPECTANCY OR INDIRECT DAMAGES EVEN IF TBS HAS BEEN ADVLSEO OF THE POSSIBILITY OF SUCH DAMAGES, EXECPT AS OTHERNitSE SET FORTH HEREIN, TBS DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRAMTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR 13. GENERAL. Subject to the terms of the following paragraph. TBS may m iy the hems and OMdiions of the Contract effective on the Renewal Dale by providing the Customer weth prior wTi an police. Any such mod iii asnc A wit apply West the Cusbmer wfdxl2ws the equipment afiecW by such modrication from this Contract Otherwise the Contact can ony be modri by a wsten agreemert dWy spied by parsons author:�eA to sign contra The Cus or er represents Yal rho Customer s the owner tit the egWpmert under mfg Centred or, h not tae owner, s the lessee or renter of the equipmerd. Customer wit execute a i aunt roan agreement for the equipment with Toshiba wilic i This Contract Is not assignable, its night dudes and obligations may not be assigned w yansferrod by the Customer without the prior written consent O TBS. Any attempt to 2.srign or transfer any Of the rights, duties or Obligations of this ^ UuntfaLl win 1 BS's service Provided Outside the scope "is Contract wit! be farnshed at TBSs appgcabb time and material rates and terms then in effect. TBS Is not responsible for failure to render service due to causes beyond it ani This CordrW sir be govemed by the laws of the stare where the Custom execubd tins Contract. 1; amen party tail to comply with to terns arc conditions O' txs COnteacl, the nice breaching Party shel 0" the bmaerng party in writing using c 113^ Municipal 30 Days Notification and Equipment Return Authorization OUS1111ESS SOL - F /orida Date: 9/12/2012 Lease Company: Attention: Toshiba Business Solutions Florida would like to return equipment on behalf of customer, the customer is at the end of the lease. Please provide its the return quote and shipping instructions. Lease #: Customer Dame: V111a0-e ol'Tequestca Police Depar Customer Address: t45 Teguesta Dr Tec�uesta Phone . 561 732 - 2635 Model #; Pickup Model E.2830 Serial #• 11) u F79241 Model #: Serial #: Monthly Payment $ Lease Expiration Date: Municipal Equipment Return Auhthorization I understand that this equipment is: c _ Leased by customer with Toshiba Business Solutions Florida. Customer understands that they are responsible for any remaining payments owed on their account, as well as "final meter billing," as per the original purchase order or fetter of commitment. Contact: Brad Gonaberg Phone #:l 561- 768 -0554 PO # Customer Signature/I itle Al Gurdian -561- 236 -7063 Sates Rep- Toshiba Business Solutions Florida Date Phone # Please Sign, Date & Fax Back to 954 - 302 -6679 PROPOSAL PREPARED FOR: VILLAGE OF TEQUESTA POLICE DEPT E STUDIO 30400 DIGITAL COPIER • Net - Ready, e- BRIDGE All -in -One Architecture • Out -of- the -Box Network- Ready, Print - Ready, Scan - Ready, Internet - Ready • e- FILING (Electronic Filing) • Versatile Paper Handling and Finishing _ a Options • Robust Security Capabilities e- STUDIO 3040c PROPOSED EOUIPMENT: 36 Month Lease Toshiba E -3040c Digital Copier System $123.91 Reversing Automatic Document Feeder $7.33 Automatic Duplexing Included Stapling Finisher $19.63 Auto Hole Punch $7.08 Finisher Bridge $1.40 2500 Sheet Large Capacity Tray $6.95 Fax Board Included Data Overwrite Enabler Included Print and Scan Controller ! Included (includes Installation!) TOTAL $166.30 FULL SERVICE MAINTENANCE & SUPPLIES: All- inclusive service agreement except for paper& staples. Billed monthiz 2.00689 Per copy for Black and White Copies ALSO INCLUDED AT NO CHARGE: • Delivery, Installation and Training • Free Start Up Supplies • Free Loaner • Replacement Warranty State of Florida 600- 000 -11 -1 Al Gurdian 561- 236 -7063 Date of Proposal 7 -29 -12 TOS BUSINESS SOLUTIONS Florida