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BPS Fleet olutiens* r. Proposal for the City of Sunny Isles Beach RFP # 11 -12 -01 Fleet Wide Remote Management System Supporting Documents Terms and Conditions of Sale 1. OWNERSHIP: Iler Group, Inc. d.b.a. GPS Fleet Solutions herein known as the "Company ", retains ownership and title of all equipment until paid in full for equipment and service provided. 2. TERMSAND CONDITIONSOFSALE: It is the Customer's responsibility to verify that all equipment is working properly upon receipt; Customer WAIVES ALL CLAIMS TO DEFECT, DAMAGE, SHORTAGE, OR OTHERWISE UNLESS MADE IN WRITING TO COMPANY WITHIN 10 DAYS OF DELIVERY. Customer agrees to pay all shipping, handling, duties, sales taxes, and customs charges that are not shown on this invoice for shipments outside the USA or to local governments as prescribed by state law. All prices are in US dollars. Risk of loss shall pass to Purchaser upon delivery of goods by Purchaser or Purchaser's agent. When the customer agrees to make payment utilizing a lease finance provider, customer automatically authorizes payment by the finance provider to the Company for all goods and services after fourteen (14) days of delivery regardless of installation or configuration and is responsible for lease, rental and monthly service payment. This agreement serves as authorization and confirmation of satisfaction and acceptance of the finance provider, regardless of other issues, in lieu of other acceptance of financial responsibility statements required by the finance provider. 3. SUBSCRIPTION SERVICE: This section only applies to the "live" or "real- time" devices. Subscription service fees begin on installation or fourteen (14) days after delivery as described in paragraph 2, whichever comes first. Customer authorizes the Company to automatically charge the credit card supplied by Customer for monthly airtime service and overages as listed on page one when payment by credit card is authorized on initial order. If a Customer is invoiced terms range from Net 15 to Net 30 as indicated on invoice. In the event of early cancellation, Customer agrees to pay the balance of all regular monthly service fees for the remainder of the agreement period listed and overages or $200 per device if in year one of the agreement, $150 if in year two and $100 in year three or more, whichever is greater. After the initial subscription service agreement period, the subscription service will automatically renew for a one year term if written notice of cancellation is not received thirty (30) days prior to the end of the initial subscription service period or the last automatic renewal period end date. It is the Customer's responsibility to provide proof of delivery of cancellation notice. In the event of a disruption of service due to malfunctioning equipment in warranty or communication network issues, subscription service credits may be issued based on the number of units affected, calculated on a daily or hourly basis provided account is current with other invoices. Subscription fees for units not affected remain due. Failing to pay for subscription services due will result in account cancellation, deactivation of units, assessment of early cancellation fees as described and possible legal action. It is the Customers responsibility to notify the Company when issues arise and receive a Support Case number from technical support to verify said notification. Service credits are issued only on the creation of a Support Case and access to the unit or equipment within five (5) business days for troubleshooting with technical support personnel. Delays due to a lack of Customer cooperation or equipment accessibility are not eligible for service credit. Once a unit is cancelled all data is lost, becomes the property of the Company and a $50 reactivation fee will apply per unit. Customer understands that some units cannot be reactivated which will result in a total loss of value. Some equipment requires returning to the manufacturer at the Customer's expense to reactivate. The Company provides no warranty as to which units can be reactivated for any period of time. All unit programming is done by the Company. Changes to the initial unit configuration may require the Customer to pay to uninstall, ship and reprogram units for a $35 per unit programming fee plus shipping and handling fees. Customer agrees that if payment terms are extended there is a 15% APR for late payments calculated daily and a $50 fee per check for insufficient funds. Customers determined to be consistently late to make payments will be required to make payment by credit card kept on file or pay three months in advance for subscription service. - Page 21