Copier/Printer Maintenance Agreement
Terms and Conditions
This maintenance agreement is entered into by and between Commerical Office Systems, Inc. (hereinafter referred to as COS) and end user (hereinafter referred to as “customer”). The term of this agreement shall be the specified term or number of impressions, whichever comes first. This agreement shall be automatically renewed upon expiration, subject to the then applicable rates and charges of COS. Either party may terminate this agreement at the end of the initial term or any subsequent term by giving the other party written notice at least thirty (30) days, prior to expiration to the then current agreement. No refunds will be given in the event this contract is terminated by either party, any prorated or residual amount may be applied to other services or products at COS’s discretion. This agreement is solely between COS and the customer named herein and may not be transferred or assigned to another party without the expressed written consent of COS. The original service agreement shall not be valid unless the COS General Manager or the COS Service Manager has signed it. COS Service Manager or COS General Manager must also sign any amendments to this agreement. The agreement is subject to increases of up to 10% annually.
1. Services and Equipment
1.1 The terms of this agreement shall only apply to the equipment specified on page one (1) of the original agreement while located at the address named therein. Should the machine be moved, COS must be notified 2 weeks in advance of the move. COS will not be held liable to move the machine from the contract location to another. COS may at their sole discretion extend this agreement to cover equipment moved to another location within COS’s normal service area. COS shall not be liable for any terms of this agreement while the covered equipment is located outside of COS’s normal service area. Should COS determine that the machine has been moved outside of the normal service area, the covered equipment will be transported by you or your company’s representative to COS’s location for repairs.
1.2 All service, adjustments and repairs under this agreement shall be rendered on the customer’s premises during normal business hours (8:00 a.m. to 5:00 p.m. Monday through Friday, excluding holidays). Service work requested by the customer outside of normal business hours shall be performed at the sole discretion of COS. The customer shall be liable for additional labor charges for all service rendered during non-business hours at COS’s then current rates. Should COS determine that covered repairs cannot be completed at the customer’s location, the covered equipment will be transported to and from COS’s location at no additional charge.
2. Use of Service
2.1 The customer will provide suitable space, heat, light, ventilation, electrical outlets, and telephone for COS’s service representatives. These facilities will be within a reasonable distance to the equipment to be serviced and provided at no additional charge. The customer will also make available at least one or more “key operators” to be trained in the care and use of the equipment. The customer will make available at least one key operator during service calls to aid the service representative in determining the scope of work to be performed.
2.2 This service agreement does not include reconfiguration or troubleshooting of equipment or customer’s network devices due to changes made by the customer to their network infrastructure including but not limited to data networks, voice networks and any hardware or software that may directly or indirectly effect operation of the covered equipment.
3.1 This service agreement does not cover damage caused to the equipment due to customer negligence. In the event of customer negligence, the customer will be liable for all parts, supplies and labor associated with the repair. COS will not be liable for a complete rebuild of the said machine. COS cannot be held liable for parts availability on a machine that is 7 or more years of age. COS will not reimburse the customer for any costs or consumption of paper or supplies due to testing and maintenance procedures performed by COS’s service representatives. COS will not be liable for any failure or delay in performance due in whole or in part to any cause beyond its control. COS cannot be held liable for any damages derived from acts of God, electrical outlets (including electrical surges, brownouts, blackouts, wall voltage, ground and electrical noise), environmental hazards, and elements. In no event will COS be liable for any direct or indirect, special, or consequential damages arising out of this agreement or the use of any equipment to which this agreement is subject or any service performed or not performed pursuant to or contemplated by this agreement.
4.1 The equipment under this agreement will provide high quality output and optimum performance with supplies which have been proven and tested by COS and its trusted affiliates. Sufficient toner will be furnished to supply normal copy yields as suggested by the manufacturer, excess supply consumption or misappropriation of supplies may result in additional charges. If the customer uses supplies other than those provided by COS and if such supplies result in excessive service calls or are clearly not compatible with the equipment, then the coverage under this agreement may not apply, and the customer may be charged for all parts and labor needed.
5. Discontinuance of Service
5.1 COS reserves the right to discontinue this agreement for any of the following reasons:
The equipment is not being used in accordance with the manufacturer’s published guidelines.
The equipment is abused or mistreated by the customer.
The customer alters the equipment or uses parts or supplies not supplied by COS or the manufacturer.
Any amounts due and payable to COS become past due.
Repairs due to service performed by individuals other than authorized representatives of COS.
Customer has not performed recommended procedures and or service.
6. Legal Provisions
6.1 This agreement shall be governed by and construed in accords of the laws of the State of Washington. Jurisdiction over and venue of any suit under this agreements shall be exclusively in the State and Federal or District Courts located in King County, Washington. In the event that any suit or other proceeding is instituted by either party to this agreement arises in arbitration, mediation, or other alternative dispute resolution process (collective “Proceedings”), and appeals and collateral actions relative to such a suit or Proceeding, the substantially prevailing party as determined by the court or in the Proceeding shall be entitled to recover its reasonable attorney’s fees and all costs and expenses incurred relative to such suit or Proceeding from the substantially non-prevailing party, in addition to such other relief as may be awarded.
6.2 The waiver by a party of a breach of any provision of this agreement by the other party shall not be construed as a waiver of any subsequent breach of that party. If for any reason any portion of this agreement shall be held invalid or unenforceable the holding of invalidity or unenforceability of that portion shall not affect any other portion of this agreement and the remaining portions of this agreement shall remain in full force and effect. This agreement contains the entire agreement between the parties with respect to this matter. It may not be modified except in writing signed by the party against whom the enforcement of the modification sought. This agreement has been negotiated by the respective parties hereto and all its provisions shall be given any fair and reasonable interpretation in accordance with the words and of those provisions, without any consideration or weight being given to the agreement having been drafted by any party hereto of the parties counsel. COS reserves the right to update and/or modify this contract at anytime.