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• TERMSAND'CONDITIONS.' CONTINUED
<br /> • I.ACCEPTANCE.This Canted shag not be effective unless signed by to authorized TBS representative(Effective Date)Within 30 dais for the Custoniess signing of this Contract
<br /> 2.Tenn. This Carted wB Rlnakh in forth br 36 ninths tom the Effective Data(Renewal Date)andel then be automatically renewed for annual period(s)unless either parry provides nate of termination net less than thirty(30)days prior to
<br /> the Renewal lb3.For each piece of equipment under Ods Canted Oars not be a Start Data&Start Meter.Service for each place of equipment will be provided from the Start Date&Start Meter unix tib Centrad le temdrated or the equipment
<br /> • is withdrawn tom the service.tautomer may withdraw hrdh ival equ'ymerd by providing thirty(30)day wriSen notice prior to the Renewal Data.Customer is responsible be all remaining Mtoioum Payments if Customer is In default or if
<br /> equipment is withdrawn prior to Renewal Data.
<br /> 3.SERVICE AVAILABILITY.TSS wit provide service during TBS's normal service hours whale the equipment a boated within TBS's designated service area.Service outside TBS's designated area,d avafable and accepted by TBS is subject to
<br /> a Trp Charge,which stall be based on reasonable travel expense for TBS's personnel It a the responsibility of the Customer to notify TBS prior to relocating equipment
<br /> The service to keep the equipment In o restore the equipment t to geed waling order includes Emergency Service Calls and Periodic Maintenance ce(PM's).Pits may be performed during the course of en Emergency Service Call and are based
<br /> upon the specie needs of the Individual equtprtent as determined by TBS.Maintenance wit Include bbricatdn,adjustments ani replacement of maintenance parts deemed necessary by TBS.Maintenance parts will normally be either new or
<br /> equivalent to new in perfarrtai ce when installed in the equipment Ma6dener=parts win be banished on an exchange basis and the replaced parts become the property of TBS.Service provided under this Centrad does net assure the
<br /> uninarnated operation of the agreement
<br /> If the Customer requests senka to be pertained ata tine outside TBS's normal service hoes,Bene will be no edddimal dwge br maintenance parts,however,the service,t avaaable,will be banished at TBS's applicable hourly rags and
<br /> temp Oen to effect Nothing herein stall be construed to require TBS to provide service carbide is normal service hours and THS hereby reserves the right to accept or reject such requests.
<br /> In to event there is a substrata f:mass In the cost of fuel,Customer agrees to pay a fuel surcharge.'SLbstantiar shall be'clothed as a 10%or more flange over a sac month periodos the average national fuel cost as reported by the United
<br /> States Energy trsiortnation Administration. Tie benchmark wit be the rational average fuel cost as reported by the United Stat
<br /> Energy LdwnWien Administration on the FBedna Data of this Agtuxtnert.
<br /> 4.NETWORK INTEGRATION SUPPORT.Support of print conbdters and print/scan enablers that permit the admiration of to device onto a Customer's network is covered older the teens of a properly executed Connedivily S Seamy Options
<br /> Agreemerd The Connectivity&Security Options Agreement le an amendment to lie centrad and must be attached and/or on fie for this optimal service support
<br /> 5.INVOICING•LATE CHARGES.The first farina Payment a due upon receipt of an invoice.-Thereafter,Minimum Payments wE be due on the same date each merds during the Tam of tis Contract whether or not Customer receives an - -
<br /> invoice.Customer's dtgatbn to pay Oe Minimum Payment a oncersd fond and a not subject to any reduction,ser-o8,detersse,or aoesfendatrs for any reason whatsoever.Excess Cade Charge,O apprratie,will be invoiced based on the bang
<br /> pence reacted on the faced this Preece
<br /> •O arty part of a payment is rid made by the Customer when due,Customer agrees to pay TBS a Late Charge of to higher of 625 or two percent(2%)of each such late payment,but rot more than peer lted by law.Customer agrees to pay
<br /> TBS the Late Charge not later than ore(1)month ideating the data of the original heloma n Payment
<br /> 6.USAGE In raters for the M'mknum Payment,Customer is entitled to use to Minimum Number of Units each biting period.If Customer uses more than the Minimum Nurnber of lards to any bang period,Customer vel pay an additional amount
<br /> equal to the number of metered Units esceedusg the agreed Minimum thudded ion to lines to Excess Charge as shown on the face of this Contact Customer admit/edges that to no event shall to Customer be enticed to any refund or rebate
<br /> of to Minimum Payment if metered oasts resell in less than the Minimum Manlier leer of Units in any billing period.
<br /> Your Toshiba system vr®carte with leeway communication enabled.TBS will provide updates,system bads ups,and meter Coliection automatically.Please advise t you do not wish to have this feature enabled.TBS may estimate the number
<br /> of rids used if requested Meter Readings era not received before a new biting period began.TBS wD adjust to estimated dagge for Excess Units upon receipt of actual Meter Readings.Noathsta hdog any adjustment the Customer will never
<br /> pay less than the Minimum Payment Customer will provide meter readings via en automated website.TSS may charge a fee td recover the cost of meter coladlons O meters are not submitted through the automated website.TBS reserves the
<br /> rigid to caret Customer to a that tee,based upon the greater of a specific urdfs historical average volume or the device type's midpoint manufacturer marrmended volume,if metes are rot made avalable for the device(s)afar 3 consecutive
<br /> bBsg periods.
<br /> Upon to Orsi anniversary of the Effective Data and each subsequent anniversary date thereafter,TBS reserves the right to apply annual increases not to exceed fifteen(15%)percent of the predads and services combined.
<br /> 7.CONSUMABLE SUPPLIES.TBS agrees to banish consumable simples(ik toner and toner coledion containers)for the Term of the Contract except as excluded in sedan 12 below.Customer is responsible bordering supplies to assure
<br /> ample time for delivery.TBS may charge you a supply freight fee to cover our cost of shipping supplies to you.TBS wit determine the number of supplies to be shipped based on the Minimum Nurnber of Units and Excess Uncle metered.t TBS
<br /> detemaes Oat the Customer has used Mae than Meth percent(15%)surpples than normal for the number of metered ants,based on yields published by the mandachaer,Customer agrees to pay TBS's astorsary larges for all excess
<br /> supplies.Current pricing per unit is based on TBS premed vendor Inner.OOEM is requested,current pricing per and is subject to flange.
<br /> Al supplies dernveted as part of this Contact remain the property of TBS reed and unless they are consumed by to equipment is the peufomance of this Contrail.Any supplies not consumed as specified and not=rendered to TBS upon-
<br /> axpcatbn or termination of this Combed the be invoiced to Iia Customer at TBS's Oen amend prices.Customer agrees to provide insurance coverage for suppres is case of loss under any circumstances.Noferthriandmg to foregoing,the risk of
<br /> loss of the consumable supplies shall be transferred dont TBS to Customer t kith consumable supplies are stored at Custmota focally.
<br /> 8.TAXES.to addition to the charges due under this Canted,the Customer agrees to pay amounts equal to any taxes resulting from this Contract or any actvites hereunder,exclusive of taxes based upon net kerne.
<br /> 9.INSTALLATiON AND ACCESS TO EQUIPMENT.Customer agrees to provide adequate space,environment and appropriate'electrical requirements inducing,if required,a dedicated 120 volt or 220 volt electrical One,as published in to
<br /> Operator and Service Manuals for to operation and maintenance of the equipment If TBS has installed a power fithdsuge protector on the equipment,it must at all times remain wrtnuocsly instated.If it is removed Customer agrees to
<br /> purchase a replacement torn TBS immed'iaidy.TBS shat have full and free access to the equipment to provide service thereon(
<br /> If persons other than TBS representatives Install conversions,feature edddios,accessories or perform service on equipment and as a result further repair by TBS is required,such repairs shall be made at TBS's applicable Time and Material
<br /> rates and terms then in effect if such additional repair is required,TBS may immediately withdraw to equipment horn this Conteh.
<br /> 10.KEY OPERATOR•ENDIISER TRAM NG.Customer agrees to designate a Key Operator for training on to use,applicators and features of the equipment The Key Operator wit be responsible for normal Key Operator activities as
<br /> detailed in the Operators Manual and fon taking addrtmal eedusers.if the Key Operator assignment changes Customer agrees to designate a new Key Operator immediately.TBS agrees to provide traimg fee to designated Key Operator and
<br /> to provide Intal training for end-users on the use,applications and features o to equfpnrent.Addtional training requested by C cstorner after thirty(30)days tom Installation wit be at TBS normal hourly rates.
<br /> 11.MOVES/ADDS/CHANGES.In order to guarantee co-time toner arrival and quality service response the,TBS must be roues in advance of any changes in to fleet Prior approval tarn TBS is req./ad before adding new devices to to Beet
<br /> for support.Client agrees to be responsible for all costs associated with rebceton.If the Equipment is moved toe new location,TBS shall have the right to large a new rate for the new Iaaton and Chad agrees to pay to ddlereroe between
<br /> to old rate and the new rah.
<br /> 12,EXCLUSIONS.Service ureter this Centred does not indude:
<br /> (a)Furnishing paper,staples,replacement peke heads,batteries,rtban,media,periodic maintenance on thermal printers or any of the foIowi g:
<br /> (b)Service of equipment if rtoved outside of TBS's designated service area;(c)Repair of damage or Increase in service time caused by accident,misuse,negtgence,abuse or disaster,(d)Service of accessories,attachments or dick control
<br /> devices other tan those of the same mamdactraer as the equipment(e)Painting or refinishing of the equipment(f)Makkg spa:ra.,u.0 changes;(g)overhaul;when TBS deternkes en overhaul is necessary because rental repair and parts
<br /> replacement carrot keep the equipment to satisfactory operating TBS era submit a cost estimate to Customer and TBS will not commence work until Customer has approved cost(h)Performing key operator functions as desabed th
<br /> the operator manual;()Moving equipment repair of damage or increase in service time caused by the use of the equip/nerd for other than the ordinary use for which designed;0)Repair of damage caused by eledritel surges or Bighting stiles,if
<br /> equipment a connected to TBS supplied power tater/surge protector repass wit be included;(k)Repair of damage or increase in service time caused by fature to continually provide a suitable instablen environment t ass dethed by the
<br /> manufadrer,with ell the facltes prescrbed by TBS ticketing,but not limited to,adequate space,electrical power,air conditioning or hurtddty control(I)Repair of equipment that has been designated as obsolete by the manufacturer and
<br /> genuine OEM parts are no longer available.(m)Repair of damage or increase of service tinna caused by Customer's use of media outside the seedbeds=es described in to operator manual.
<br /> 13.CUSTOMER OWiED EQUIPMENT.(a)TBS reserves the right to inspect the mechanical condition of all Customer Owned Equprnad to be covered ureter this Agreement Customer will be notified of Equihmerd land to require trmmdate
<br /> repairs.Customer,at Os option,may elect to have said EquIpment repatred at the ten current hourly service tabor rate pis'parts ce elect to have the wit exduded tan this Agreement(b)To qualify for coverage under this Agreement each
<br /> piece of Customer Owned Equipment nest have an Mal consumable supply level of at least 25%(twenty five percent)of Its Capacity.For any Equipment falling under that level,Customer will be r sponsibte for replacing anchor purchasing the
<br /> Initial consumables required to restore the device to to 25%level.(c)Service of printers under this egteesment wit possibly include replacement parts that may lava been used and/or reconditioned.Parts that have been replaced will remain the
<br /> property of TBS.if Customer Owned Equipment becomes obsolete,or unserviceable,dant to responsible br reptadng the device,and TBS wE remove obsolete device torn anent agreement
<br /> 14 INDEMNITY AND DISCLAIMER. TBS shall not be respo able for any k{uies,damages,penalties,dans or losses vdudrg legal menses Teamed by Customer a arty other person caused by the kmstatati:et selection,ownership,
<br /> possession,maintenance,condition or use of the Equipment Customer agrees to reimburse TBS for and to defend TBS against any stators for suds losses,damages,penalties,dakns,*ries or expanses.This indemnity shall canines even
<br /> atter this Contact has expired.
<br /> IN NO EVENT WALL TSS BE LIABLE FOR LOST PROMS,CONSEQUENTIAL,EXPECTANCY OR INDIRECT DAMAGES EVEN IF TBS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
<br /> DXECPT AS OTHERWISE SET FORTH HEREIN,TES DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES;INCLUDING BUT NOT LIMITED TO,THE IMPLIED WARRANTIES OF MERCHANTABILITY,FITNESS FOR A
<br /> PARTICULAR PURPOSE,REPRESENTATION OR WARRANTY AWSDRG 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 /> 15.GENERAL Subject to the terms of the toNowing paragraph,TBS may modify the terms and conditions of this Contract effective on to Renewal Date by providing the Customer with prior written rodeo.
<br /> My such modification will apply rimless the Customer withdraws to erneproent affected by such modifimtm from this Contrail Otherwise this Caoad can only be modified by a writes agreement duty signed by persons menaced to sign
<br /> contacts on behalf of the Customer and of TBS.Variance from the tars and cenditons of tris Contract In any Customer order or other written moddhmtion will be of no effect.
<br /> The Customer represents that to Customer is the owner of to equ ipmerd under this Contract or,if not to owner,a the lessee or renter of to equipment Customer will execute a maintenance agnarned for the equipment with a Toshiba
<br /> authorized dealer or Customer will waive certain rights under Toshiba's maadadtrees warranty.
<br /> This Contrast a not assignable,its right,dunes and obligations may not be assigned em transferred by time Customer without the prior written consent of TBS..Any attempt to assign or transfer any of me rights,duties or obligators of this
<br /> Contract without such consent is void.
<br /> TBS's service provided outside the scope of the Centred vow be furnished at TBS's apoatabe time and material rates and leers then in effect
<br /> TBS a not responsible for future to render service due to causes beyond es mmol.
<br /> This Contract wit be governed by the laws of the state whore the Customer executed this Contract If either party tads to comply with the terns and whdOons of this Contract,to non-breading party shall notify the breadvg party in writing
<br /> using earthed mail to the address on the face of this Contrail The breading pay stall have thirty(30)days to cure any breath of this Contract prior to the non-breaching party takes the legal action.Na areas,regardless of form,arising out of
<br /> this Contract may be brought by either party man than one year after to muse of action las arisen,or.in the case of non-payment more than two years from the date of the last payment
<br /> 2 of 2 AIMS MAINTENANCE CONTRACT—0518
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