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TERMS ANDCONDITIONS CONTINUED) A:
<br /> 1.ACCEPTANCE Tiis Centrad shall not be effector unless signed by the authorized TBS representative(Effective Date)wfhn 30 days frond the Customer's signing of this Centrad •
<br /> 2.Term Pr Con?ad aD reman n force for months from the Effective Date(Renewal Date)end were thea be autoniatically renewed for wadi period(s)unless either party provides notice of termination not less than thirty(30)days prior to
<br /> ( the Renewal Data.For each pace of equipment rata this Contrail there vrS be a Start Date&Start Molar.Service for each piece of equipment wE be provided torn the Start Data&Start Meter until this Contrail Is terminated or the equipment
<br /> • is withdrawn fern the service Customer may withdraw individual equipment by providing thIrty(30)day written notice prior to the Renewal Date.Customer Is responslle for all remaining Minimum Payments If Customer is In default or if
<br /> enp*serd is withdrawn prior b Renewal Data.
<br /> 2,SERVICE AVAO ABIUTY.TBS tr8 provide service during TBS's moral service hams-while the equlpmerd is bated within TBS's designated service area.Service outside TBS's designated area,E available and accepted by TBS is-subject to
<br /> a Trip Charge,which stall be based on reasonable travel expense for TBS's personnel.It Is the responsibility of the Customer to notify TBS prior to rebating equipment
<br /> The service to beep the equlprerd In or restore the equbrmd to good wonting add includes Emergency Service Calls and Periodic Maintenance(Ms).PM's may be performed during the course of an Emergency Service Cat and are based
<br /> upon the spectre reeds tithe hdlvb al equipment as detemdned by TBS.Maintenance wit Include nbkatom,adjustments and replacement of maintenance parts deemed necessary by TBS.Maintenance parts won meaty be ether new or
<br /> eguivalerd to new in performance when metalled in the equipment Maintenance parts we be furnished on an exchange basis and the replaced parts became the property of TBS.Service provided ung this Contrail does riot assure the
<br /> uninterrupted operatbrr of the equipment
<br /> if the°st iter requests service to be perbrtned ala lime outside TBS's ramal service hours,there we be no additional Marge for maintenance parts,however,to service,if available,we be furnished at TBS's apptable handy rates and
<br /> tams ten n cad.Noting herein shag be construed to require TBS to provide service outside Its normal service hews and TBS hereby reserves the rigid to accept or re;:c such requests. •
<br /> In the event there is a substantial naease in he cost of het Customer agnea to pay a fuel surcharge.'Subsfantiaf shat be defined as a 10%or more dunge over a sur math period in to average mesterei fuel cost as receded byte United
<br /> States Energy Inbred=Amrirdstre9aL The benctmerk will be the national average fuel out as reported by the tided Stabs Energy[donna:et Administration on the Effective Data of this Agreemet
<br /> t NETWORK INTEGRATION SUPPORT.Support of pthd cantatas and printsren enablers that permit the integration of the device oto a Customers nabwrk is covered wider the ams of a properly executed Connedvdy&Security Otos
<br /> Agreement The Canned*&Seemly Options Agn aemerd is an amendment to this contrail end must be attached and/or on fie for his optimal service support
<br /> S.MOOING-LATE CHARGES.TM first he unman Payment is due upon receipt of an Invoice.Thereafter,Wrenn Payments wit be due on the same date each math during the Term of this Carted whether or not Customer receives an •
<br /> invoice.Qabmds ahtgatan to pay the Mniman Payment is unconditional end is not subject to any reduction,set-off,defense,a counterclaim-for any reason whatsoever.Excess Crek Charge,if mikado,ret/be invoiced based on the bang
<br /> period seeded on the face of this contract. •
<br /> -- t any pat of a payment is not made by to Customer when due,Customer agrees to pay TBS a Late Charge of the higher of 525 or hvo percent(2%)of each such late payment,but not more than permitted by law.Customer agrees to pay
<br /> TBS the Lala Charge not later ten one(1)month following the date of the original Minimum Paymml.
<br /> Q USAGE In return for to Mnimnm Payment,Customer is entitled to use the Minimum Numbs of Units eacht
<br /> N4shg period.If Customer uses more than the Minimum Number of Units in any 60ing period,Customer we pay an addtioret amount
<br /> equal to the number of metered Units exceeding the agreed Mhdnxa r included Urals toes the Excess Charge as shown on fire*war tris Contract Customer acknowledges that in no event shall the Customer be edited to any rein d a rebate
<br /> of the Minimum Payment If metered ads result in less than the MiNmum Number of Units in any billing period.
<br /> Your Tosfsba system will cane with two-way mmrtwnication enabled.TBS we provide updates,system bade ups,and meter a lectiar automatically.Please advise if you do not wish to have his feahae enabled.TBS may estimate the namher
<br /> of rants used if requested Meter Readings ere not received before a new biting period begins.TBS we adjust the estimated charge for Excess Units upon receipt of actual Meter Readings.Noti hsfardng any adjustment the Customer we never
<br /> pay less than the Minimum Payment Custom we provide meter readings via an automated webste.TBS may charge a fee to recover the cost of meter colecere if meters are not submitted trough the automated write.TBS reserves the
<br /> right b convert Customer to a tat fee,based upon the greater of a spedfc units historical average whore or the device type's nnidpand manufacturer recommended ded vdume,if meters are not made scrabble kr the devke(s)atter 3 comcuetn
<br /> Meng periods.
<br /> Upon the first eudversary of the Effective Date end each subsequent amivesay date thereafter,TBS reserves the right to appy annual messes not to exceed fifteen(15%)pervert of the products and servicer combined.
<br /> 7.CONSUMABLE SUPPLIES.TBS agrees to furnish oxrsumable supplies funk loner and toner collection containers)for the Term of the Centrad,except as excluded in median 12 below.Customer is responsible for ordering supplies to aurae
<br /> ample Ona for delivery.TBS may charge you a supply height fee to cover our cost o1 shipping supplies to you.TBS wB determine the number of supplies to be stopped based on the Mhhmm Number of Lids and Excess Units metered.If TBS
<br /> determines that the Customer has used mare gen fifteen percent(15%)suedes than normal for the number of metered unite,based on yields published by he manufacturer,Customer agrees to pay TBS's customary charges for al excess
<br /> suedes.Current pricing per act is based on TBS deferred vendor beer.If OEM is requested,current piing per unit is subject to Mange.
<br /> Al supplies defvered as part of his Contract remain the property of TBS hull and unless they are oatsumed by the equipment In he performance of this Contract Any supplies net consumed as emceed and not surrendered to TBS upon
<br /> expeaton or termination of his Cachet wtt be ricked to the Customer at TBS's then=rent prices.Customer agrees to provide insurance coverage he suedes n case of loss wider any dreurre arca.Notwithstanding the laegoirg,the risked
<br /> Iris of the mrmmable supplies dal be buuahmed from TBS to Qrsb ser if stab consumable supplies are stored at Customer's tachy.
<br /> S.TAXES:In aeon to he charges due ander lids Contract,eta Customer agrees to pay ertoarb equal to any taxes rautng from this Centred,or any activities hereunder,exclusive of taxa based upon net Income.
<br /> 9.INSTALLATION AND ACCESS TO EQUIPMENT.Customer agrees to provide adequate space,environment arid appropriate electrical requirements bdudug,if required,a dedicated 120 volt or 220 volt electrical fine,as pub fished in he
<br /> Operator and Service Manuals hx to operator and maintenance of the equipment ff TBS has instated a power Mbar/surge protector on the equipment,it nest at all teres remain continuously instated. fit is removed Customer agrees to
<br /> purchase a replacement horn TBS nmedaty.TBS shall have fur and free access to the equipment to provide wrier hereon.
<br /> If persons other than TBS representatives Dunt m versions,feature additions,accessories or perform service on egrdfined and as a result hither repair by TBS Is required,such repairs shall be made at TBS's applicable rune and Material
<br /> rates and terms then in effect If such add ural repair is required,TBS may immediately withdraw the equipment Fran this Contract.
<br /> 10.KEY OPERATOR-END-USER TRAINING.Customer agrees to designate a Key Operator for training on the use,apptkations end features of the equipment The Key Operator vie be responsible for nom]Key Operator attires as
<br /> detailed in the Operators Manual and kr training eddDorea ere sers.t the Key Operator assignment changes Customer agrees to designate a new Key Operator immediately.TBS agrees to provide training for the desfg<aad Key Operator and
<br /> to pmvide initial training for erdraers on the use,appficefiams and teatime of the equipment Additional betiding requested by Customer afar thirty(30)days born Instatatm we be at TBS ramal hourly rates.
<br /> 11.MOVESIADOSICHANGES.In order to guarardee en-tory tom arrival and quality service response tie,TBS must be notified in advance of any changes in the fleet Prior approval from TBS is required before adding new devices to the feet
<br /> for support Client agrees to be responsible for at costs associated with relocation.If the Equipment Is moved to a new bathe'TBS shall have the right to charge a new rata for the new baton and Client agrees to pay the difference between
<br /> the rid rate and to new rate.
<br /> 12.EXCLUSIONS.Service under this Contrail does not include:
<br /> (a)Fumnishirg paper,staples, pint heads,batteries,ribbons,media,periodic maintenance on thermal printers or any of he fadowirg:
<br /> (b)Service of equipment If mored outside of TBS's designated service area;(c)Repair of damage or increase in service tine caused by acddeht misuse,rhoyftya.e,abuse or disaster,(d)Service of accessories,atadurenb or dick control
<br /> devices other than those of the same manufacturer as he equipment(e)Painting or refinishing of the equipment()Maimg'specification larges;(g)overhaul;when TBS determines an overhaul is necessary because neral repai end parts
<br /> replacement cannot keep the equipment in setsfach ry operating mndtad,TBS will submit a cost estimate to Customer and.TBS we not commence work rant Customer has approved cost(h)Perfuming key operator functions as described In
<br /> to operator maruat()Moving equipment,repair of damage or iaaease in service time caused by the tee of the equipment for other than the adrary use kr which designed;Q Repair of damage mused by electrical surges or lghbdrrg strikes,it
<br /> equipment Is connecad to a TBS suppled power bfterlsmge protector repairs elI be included;(ic)Repair of damage or h arose In service time caused by failure to continually provide a salable Installation emhonmed as defined by the
<br /> me ivactaer,with all the acittes deserted by TBS inducing,but not Enid to,adequate space,electrical power,air mndtoning or humidity rata.(I)Repair of equipment that has been designated as obsolete by the manufacturer and
<br /> genuine OEM part are no longer available.(m)Repair of damage or increase of service time caused by Customer's use of media outside the specifications as dumbed in the operator manual.
<br /> 13.CUSTOMER OWNED EQUIPMENT.(a)TBS reserves the right to inspect the mechanical ial condition of all Customer owned Equipment to be covered under this Agreement Qate err wit be noted of Equipment found to require immediate
<br /> repairs.Customer,at Its option,may elect to have said Equipment repaired at the then current hourly service abs-rate plus parts or elect to have to unit excluded from fids Agreement (h)To qualify for coverage under his Agreement each
<br /> piece of Gusto err owned Equipment must have an tidal cess cable supply level of at least 25%(twenty five percent)of its apady.-For any Equipment amig under tat level,Caterer will be respansi le for replacing and/or purchasing the
<br /> nitlal consumables required to restore the device to the 25%level.(c)Service of printers under this agreement we possibly hid de repacem ant parts that may have been used ander remnddlmed.Part that have been replaced we remain the
<br /> property of TBS.fl Cmmtemer Owned Equipment becomes obsolete,a unserviceable..client Is responsible kr replacing the device,and'Midi remove obsolete device ken aired agrteemerd.
<br /> 14.INDEMNITY AND DISCLAIMER. TBS shat not be responsible for any iryaies,damages,penalties,tains or losses hduding legal expenses named by Customer or any other person caused by the nstallation,selection,ownership,
<br /> possession,maintenance,=cab a use of he Equipment Customer agrees to reimburse TBS for and to defend TBS against any dates for such losses,damages,penalties,cars,Injuries or expenses This hdemfy dao continue even
<br /> ate this Contract has exceed.
<br /> IN NO EVENT WILL MS BE LIABLE FOR LOST PROFITS,CONSEQUENTIAL,EXPECTANCY OR INDIRECT DAMAGES EVEN IF THS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
<br /> EXECPT AS OTHERWISE SET FORTH HEREIN,T8S DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES,INCLUDING BUT NOT UNITED TO,THE IMPLIED WARRANTIES OF MERCHANTABILITY,FITNESS FOR A
<br /> PARTICULAR PURPOSE,REPRESENTATION OR WARRANTY ARISING OUT OF USAGE AND TRADE,COURSE OR DEALING OR COURSE OR PERFORMANCE EXCEPT AS PROVIDED HEREIN,THE PARTS AND SERVICES ARE
<br /> PROVIDED'AS IS.' •
<br /> IS.GENERAL Sud)ect to the tams of the blowing paragraph,TBS may muddy the teems and conditions of this Contract effective on the Renewal Date by providing the Cusfmier with prior writer notice.
<br /> Any such moda'ficelon we apply unless the Customer withdraws he equtarrent affected by such modification hem this Contract Ot err wise this Contract an only be modlad by a written agreement duly signed by persons authorized to sign
<br /> mrttracs on behalf of the Customer and ti TBS.Variance dont the ams and mndties of tris Canbad in any Customer ader or other written modification we be of mss effect
<br /> The Customer represents that the Customer is the owner of the equipment under this Contract or,if not the owner,is the lessee or renter of the equipment.Customer we execute a maintenance agreement for he equipment with a Toshiba
<br /> authorized dealer or Customer we waive certain rights under Toshiba's manufacturer's warranty.
<br /> This Contract's not assgrabe its right duties and obfgatiau may not be assigned or transferred by the Customer without the prior written cursed of TBS. My attempt to assign or transfer any of the rights,duties or obligations of this
<br /> Contract without such consent is aid.
<br /> TBS's service provided outside the sage of his Contract we be furnished at TBS's appliabte time end material rates and terms then in effect
<br /> TBS is not respirable for faire to render service due to causes beyond to coned.
<br /> This Contract wD be governed by the laws of the state where to Customer executed this Detract If ether party ars to comply with the terms and confrere of this Contract,he nal-breaching pay shall notify the breaching party Mn writing
<br /> using rem mat tome address on the face of this Contract The breading party shall have thirty(30)days to cure any breach of this Contract prior to the non-baeadhig party takes the legal action.No ad/n,regardless of fern,arising out of
<br /> this Centrad may be brought by ether party nae than ore year after the cause of action has arisen,or,in tie case of non-payment,more than two years from the data of the last payment
<br /> 2 of 2 AIMS MAINTENANCE CONTRACT—0518
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