The customer acknowledges the receipt of a true copy of this Customer Order and that he/she has read this agreement and understands and agrees to be bound by the terms and conditions here and on the reverse side. The customer further agrees that it is the complete and exclusive statement of the agreement between the parties which supersedes all proposals, oral or written, and all other communications and prior agreements between the parties relating to the subject matter of this agreement. Once accepted by the customer and an officer of Office Space Copier, Inc., the terms of this agreement may not be amended, modified or rescinded except by a written instrument signed by both parties.
Equipment Maintenance Agreement Terms & Conditions
Maintenance Service: Beginning on the Effective Date, Office Space Copier, Inc. agrees to provide from 8:00AM to 5:00PM Monday through Friday, excluding company designated holidays, the availability of maintenance service while the equipment listed is located within approved Office Space Copier service area. Maintenance service includes lubrication, adjustments and replacements of maintenance parts, to keep equipment in good working order as deemed necessary by , Office Space Copier. Maintenance parts will be furnished on an exchange basis, and the replaced parts become the property of Office Space Copier. The Customer agrees to provide a suitable environment for the machines as specified by , Office Space Copier, including adequate space, electrical power, air conditioning, and humidity control, and to provide Office Space Copier full and free access to the machines to provide maintenance service. Customer is responsible to implement appropriate safeguards to the Customer’s data. This agreement specifically excludes circuit board failure unless the equipment noted in this Agreement is protected by a Office Space Copier approved surge protection device.
Charges: The customer agrees to pay the Base Rate and the Additional Image Charge. For usage plan equipment, Customer agrees to pay an additional maintenance charge for the units of the usage per period as measured by a Office Space Copier meter. The Base Rate is billed in advance and Additional Image Charge, if any, is invoiced at the end of the Period in which they occurred. Images are defined as single sided letter or legal size documents, ledger size documents are counted as two images unless otherwise noted on this agreement. Office Space Copier reserves the right to withhold service or supplies for non-payment or delinquency of payment for services rendered pursuant to this Agreement. A Customer is deemed delinquent at 15 days past due. Past due Agreements are subject to late charges and interest based on the prevailing rate set by Office Space Copier. Service contracts do not increase on an annual basis unless our costs from our providers and manufacturer increase more than 5%. This increase will be added to the base and overage rate.
Customer agrees to promptly submit to Office Space Copier the meter reading for each piece of equipment as of the close of the last work day of each period or as reasonably requested by Office Space Copier.
All Agreements are in 12 month increments based on the Effective Date unless otherwise noted.
Either party may withdraw any or all machines from this Agreement at any time by providing written notice one month in advance. The Customer will be required to pay all applicable sales and use taxes levied for services and supply purchases pursuant to this Agreement. The Customer must return all unused supplies, in the case of supply inclusive agreements. The Customer must also supply Office Space Copier the out of service date and final meter reading in the event of Agreement cancellation.
Services Not Included In Maintenance Charge: The services listed in this section, if available and practical for Office Space Copier to render, will be provided by Office Space Copier under this Agreement. The following services are not considered maintenance service as described in the section entitled “Maintenance Service. The repair of damage, replacement of maintenance parts, or any increase in service time caused by accident, disaster, neglect, abuse, misuse, use of machine for purposes other than for which designed, transportation, alterations, attachments, accessories, use of non-Office Space Copier parts or supplies, non-Office Space Copier repairs or activities, or failure to provide a suitable environment. Labor to troubleshoot phone lines is also excluded from this Maintenance Agreement and shall be billed at Office Space Copier's regular hourly service rate.
Service and maintenance that is required as a result Customer alterations to the network/connectivity environment, which causes the equipment to malfunction or fail completely, is not included in Maintenance Services. Office Space Copier will provide troubleshooting and applicable repair for network related issues caused by Customer network alterations, as a fee based service, at the then prevailing Office Space Copier rate.
Should a Customer require relocation of a device covered by this Agreement the Customer must have the device relocated by Office Space Copier or secure approval from Office Space Copier that an alternate relocation service is acceptable to Office Space Copier. All relocation and lease return shipping expenses are not covered by Office Space Copier. Office Space Copier may void this Agreement immediately in the event of unauthorized relocation or may charge for parts, labor, etc. to return the device to coverage ready status.
Restocking Fees : Refusal of delivery or cancellation of any orders after the equipment has been shipped will result in a Restocking fee to include all shipping, labor, and administrative costs.
General: Service provided under this Agreement do not assure uninterrupted operation of machines and Office Space Copier is not responsible for failure to render services due to causes beyond its control. Under no circumstances shall Office Space Copier be responsible for any loss of business, impact or potential loss to the Customer that is related to the non-performance or inoperability of the hardware, software or services subject to this Agreement.
Variance from the terms and conditions of this Agreement in any Customer order or other written notification will be of no effect. This Agreement is not assignable without the prior written consent of Office Space Copier, which shall not be unreasonably withheld. Any attempt to assign any of the rights, duties or obligations of the Agreement without such consent is void.
No action, regardless of its form, which arises out of this Agreement, may be brought by either party more than two years after the cause of action has arisen, or in the action for nonpayment, more than two years from the date the last payment was due.
The Customer represents that the Customer is either the owner of the machines covered by the Agreement or authorized by the owner to include them under this Agreement.
Yield Protection: For programs that include consumable supplies, Office Space Copier reserves the right to review the yield of the supply item compared to the manufacturer’s suggested yield. In the event that Customer consumption is more than 20% in excess of the manufacturers yield, Office Space Copier may at their sole discretion amend the Customer price in a ratio commensurate with the yield variation. Office Space Copier will provide the Customer written notice of such increase and will not attempt to recapture yield losses from a previous period.
Program Elections: The Customer has elected a Program Type for this Agreement. The services and items included in the Agreement vary based on the Program Type. The program options are listed herein and the Program Type will be noted on the Agreement.
Platinum – Customer agrees to pay Office Space Copier the Monthly Base Rate and Additional Image Charge as outlined in the Agreement. Office Space Copier agrees to provide customer with all parts, maintenance, labor and supplies, excluding paper, staples & network support, for the term of the Agreement.
Gold -- Customer agrees to pay Office Space Copier the Monthly Base Rate and Additional Image Charge as outlined in the Agreement. Office Space Copier agrees to provide customer with all parts, maintenance and labor. Supplies are not provided in the Basic program. All toner, ink, drum & imaging units, developer, developer assemblies and network support are not covered by the Basic agreement.
Rental Programs -- Customer agrees to pay Office Space Copier the Rental Base Rate and Additional Image Charge as outlined in the Agreement. Office Space Copier agrees to provide customer with all parts, maintenance, labor and supplies, excluding paper, staples & network support, unless otherwise specified for the term of the Agreement. Rental Program Types are Diamond for long term > one month, Emerald for short term < one month and Ruby for non-profit.
Customer Initials __________