Terms and Conditions - Office Equipment Maintenance
1. GENERAL SCOPE OF COVERAGE -This agreement covers both the labor and the material for adjustments, repair and replacements of parts as required by normal use of the equipment, subject to the exceptions in and in accordance with these terms and conditions. This Agreement does not cover charges for installation of equipment if it is moved. Damage to the equipment or its parts arising out of or caused by misuse, abuse, negligence, attachment of unauthorized components, accessories or parts, use of substandard facsimile (thermal) pater or substandard supplies or other causes beyond the control of AOP are not covered by this Agreement and may subject customer to a surcharge or to cancellation of this Agreement. In addition, AOP may terminate this Agreement if the equipment is modified, damaged. altered or serviced by personnel other than the AOP Authorized Personnel, or if parts, accessories or components not meeting machine specifications are titled to the equipment. This Agreement does not cover charges for repair due to customer or third party modifications to software or hardware.
2. SERVICE CALLS-Service calls under this Agreement will be made during normal business hours at the installation address shown on the reverse side of this Agreement. Travel and labor time for service calls after normal business hours, on weekends and on holidays, if and when available will be charged at the published overtime rates in effect at the time the service calls made. AOP Representatives will not handle, disconnect or repair unauthorized attachments or components; customer is responsible for disconnecting and reconnecting unauthorized attachments or components. Customer hereby identifies and holds AOP and it Representatives harmless for claims for damages to any unauthorized parts, components or accessories resulting from service performed on equipment.
3. EXTENT OF LABOR SERVICE- Labor performed during a service call includes lubrication and cleaning of the equipment and the adjustment, repair or replacement of the parts described in paragraph 4.
4. REPAIR AND REPLACEMENT OF PARTS - All parts necessary to the operation of the equipment, with the exception of the parts listed below and subject to the general seep coverage, will be furnished free of charge during a service call included in the maintenance service provided by this Agreement. Exceptions are Photo-conductors ( i.e. copy drum unless the copier or lax is covered by Full Coverage Maintenance agreement) unless otherwise stated on the reverse side of this Agreement.
5. RECONDITIONING - Rebuilding or major overhauls are not covered by this agreement. In addition, when in its sole discretion AOP determines that a reconditioning is necessary, as a result of expected wear and tear of materials and age factors caused by normal office environment usage, in order to keep the equipment working
condition. AOP will submit to the customer an estimate of needed repairs and their cost, which will be in addition to the charge payable under this Agreement. If the customer does not authorize such reconditioning, AOP may discontinue service of the equipment under this Agreement (refunding the unused portion of the maintenance charge) or may refuse to renew this Agreement upon it expiration. Thereafter, the AOP Representative may make service available on a "per call" basis upon published rates in effect at the time of service.
6. TERM - This Agreement shall become effective upon receipt by AOP of the initial non-refundable maintenance charge provided on the reverse side of this Agreement or if customer is billed in arrears, upon the date indicated in the "beginning date" space on the opposite side of this document, and shall continue for the period as specified on the face of this Agreement. In the event a customer reaches or exceeds the copy allowance specified on the face of this agreement prior to the expiration of the one year term, a new contract will be negotiated or the customer will be charged for all excess copies, at the rate indicated on the opposite side of this document, through the end of the contract term
7. CHARGES - The initial non-refundable charge for maintenance under this Agreement shall be the amount set forth on the reverse side of this Agreement. The annual maintenance charge with respect to any renewal term or second or third term of multi-term agreement, will be the charge if effect at the time of renewal. Customer agrees to pay the total of all charges for maintenance during the initial term and any renewal term within 10 days of the date of the AOP invoice for such charges. If the equipment is moved to a new AOP service territory, AOP shall have the option to charge, and the customer agrees to pay the difference in published maintenance charges between the current territory and the new territory, such charges to be assessed on a pro-rate basis. If the equipment is moved beyond AOP service territory, AOP reserves the right to cancel or the customer
agrees to pay a fair and reasonable up charge for continued service, taking into account the distance to customer's new location and the published rates of AOP service on a "per call" basis. If equipment covered or listed by this agreement have the capability of scanning documents other than document copying, scans will be charged .001 per scan and be accounted for for the metering counter equipped on the equipment.
8. BREACH OR DEFAULT - If the customer does not pay all the charges for maintenance or parts, as provided under this Agreement, promptly when due: ( l)AOP may (a) refuse to service the equipment or (b) furnish services on a COD "per call" basis upon published rates in effect at the time of service. (2) The customer agrees to pay to AOP (a) it's costs and expenses of collection including the maximum attorney's fee permitted by law, and said fee not exceed 25% of the amount due under this Agreement and (b) all charges for service provided before payment of the contract on a "per call" basis based upon published rates in effect at the time of service. Once 15 percent of the base amount of pages covered have been accounted for as overage, AOP can terminate the contract without notice.
9. USE OF SUPPLIES - If the customer uses other than OEM supplies and if such supplies are defective or unacceptable for use in machines, and cause abnormally frequent service calls or service problems, then AOP may, at its option, assess a surcharge or terminate this, Agreement. In this event, the customer may be offered
service on a "per call" basis upon published rates. It is not a condition of this Agreement, however, that the customer uses only OEM authorized supplies.
10. NO WARRANTY - AOP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR USE, OR FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER AGREES THAT AOP IS NOT RESPONSIBLE FOR DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE INCLUDING BUT LIMITED TO DAMAGES ARISING OUT OF THE USE OR PERFORMANCE OF THE EQUIPMENT OR THE LOSS OF USE OF THE EQUIPMENT
11. MISCELLANEOUS - This Agreement shall be governed by and construed according to the Local Laws. It constitutes the entire agreement between the parties may not be modified except in writing signed by duly authorized officers of AOP and the customer.
12. SUPPLY INCLUSIVE CONTRACT - If toner, ink and developer are elected to be included in the service provided under this Agreement, AOP will supply black toner, ink and developer to the customer based upon normal yields. If the customer's usage of the supplies exceeds the normal yields for the equipment being services, AOP will invoice and the customer agrees to pay for the excess supplies and AOP's current retail prices then in effect. AOP reserves the right to charge for supplies and freight. Supply inclusive contract excludes color ink, color toner, color developer, masters, staples, paper, ope units, photo-conductors, duplicator color drums, master units, fuser oil. toner collection bottles and fuser rollers cleaner kits, unless stated on the reverse of the Agreement.
13. NETWORKING - In no event shall AOP or its suppliers be liable for any damages whatsoever including without limitation, special, incidental, consequential, or indirect damages for personal injury, loss of business profits, business interruption, loss of business information arising out of an inability to use this product.
AOP is not liable for any claim made by a third party or made by you for a third party. The customer acknowledges that the service coverage is such that the equipment may continue to provide, copies but not function as a printer. The customer shall be liable for these type of repairs unless covered by network connectivity maintenance equipment. Specifically, this maintenance agreement is applicable to print volume only services and excludes help desk support, network support, software application support and any other
connectivity support services.
14. ELECTRICAL - In order to insure optimum performance by the equipment, it is mandatory that specific models be plugged into a dedicated line and comply with manufacturer electrical specifications. these power standards are required by UL and/or local safety regulations.
15. FACSIMILE SIGNATURES - A faxed signature of this Agreement bearing authorized signature may be treated as an original.
16. ELECTRONIC SIGNATURES - An electronic signature of the Agreement bearing authorized signature may be treated as an original.
17. EQUIPMENT NETWORKING COVERAGE – An additional monthly charge covering all equipment customization and network service needs for up to 20 users, including, but not limited to, connecting workstations to the equipment, installing proprietary software and drivers, configuring job authentication, and customizing scan delivery methods and destinations. We reserve the right to distinguish whether the service requested falls outside of this coverage; in the event that the request exceeds coverage, IT services may be
provided at a separate rate. If the coverage is declined, all requests originally included will be treated as billable IT service calls. This charge shall increase by $8.00 for every additional piece of on-site equipment and for every additional 20 users. This coverage shall remain in effect for the same duration as the solutions agreement.