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HomeMy WebLinkAboutC87-123 Equipment rental agreement for ECSeta. ;87-123-04 EQUIPMENT RENTAL AGREEMENT CUSTOMER SHIP TO Eagle County Government Eagle County Attorney BILLING ADDRESS ADDRESS P.O. Box 850 CITY STATE ZIP CITY STATE ZIP Eagle CO 81631 Eagle CO 81631 LOCATION AT WHICH EQUIPMENT WILL BE INSTALLED IF OTHER THAN SHIPPING ADDRESS Eagle Computer Systems, Inc. (ECS) agrees to rent to the undersigned customer (Customer) and the Customer agrees to rent from ECS the following equipment in accordance with the terms and conditions specified herein. UNIT TOTAL PURCHASE MO./RENTAL MONTHLY QTY. MODEL # EQUIPMENT DESCRIPTION PRICE PRICE RENTAL 1 Santa Clara IBM Compatible $1,900 $190.00 PC w/20 MB hard disk 1 RX 80 Epson RX 80 Printer 299 29.90 TOTAL / $219.90 SHIP VIA: Prices are F.O.B. Eagle, Colorado and do not include any state or local sales or use taxes. INITIAL RENTAL TERM: 1 MONTHS REQUESTED SHIP DATE: -/—/57e 7— Customer may purchase any unit which is being rented at the above unit purchase price. ECS will credit 90% of the basic monthly rentals paid on such unit if the order is received within 90 days of the initial rental start date. If the order is received between the 91st day and one year from the initial rental start date, ECS will credit 50% of all the basic monthly rentals paid on such. unit since the initial rental start date. If the order is received after one year from the initial rental start date, no purchase option credits will be granted. CREDIT INFORMATION NAME OF BANK INDIVIDUAL TO BE CONTACTED ADDRESS TELEPHONE ACCEPTED FOR ECS: { Amy S. Woodworth Secretary/Treasurer Date: Date: Page 1 of 4 Pages TERMS AND CONDITIONS OF RENTAL 1. ACCEPTANCE. Acceptance of this Agreement by ECS is contingent upon (1) a satisfactory credit report on the Customer and (2) with regard to the dollar amount stated herein, the absence of any mathematical error or deviation from ECS standard prices. 2. TERMS OF RENTAL. Minimum rental period is onemonth. This Agreement is effective from the date it is accepted by oy ECS and shall remain in force until all Equipment installs hereunder has been discontinued at the end of the rent 1 period set forth an the first page hereof by either part provided three days' notification is given to the other part in writing. At the conclusion of the one month rental term the Customer may, at its option, continue to use the Equipment on a fractional billing basis calculated by the monthly rental being multiplied by twelve months and then divided by 365 days. 3. CHARGES. Rental charges for each unit of Equipment shall commence on the date of installation, i.e., July 159 1987. The one month's rental charge due under this Agreement i payable in advance as of the date of installation. At th conclusion of the one month rental period contemplate hereunder, Customer shall estimate during what additional period of time, if any, it requires use of the Equipment and shall tender payment, on a fractional billing basis, in advance, based on such estimate. There shall be added to the Total Monthly Charge paid hereunder, including any extra rental charge, amounts equal to any taxes, however designated, levied or based thereon or on this Agreement or the Equipment or its use, including state and local privilege or excise taxes based on gross revenue, personal property taxes, if any, and any taxes or amounts in lieu of any aforesaid obligation paid or payable by ECS in respect of the foregoing. If Customer fails to pay any charges when due and payable, Customer agrees that ECS will have the right to invoice and Customer will pay a late payment charge of 1.5% per month, but not in excess of the lawful maximum, on the unpaid amount. 4. TRANSPORTATION. All transportation, rigging and drayage charges for transporting the equipment both from and to ECS's Eagle, Colorado office will be paid by the Customer. The cost of labor for crating and uncrating the Equipment will be paid by the Customer, except when it is performed at an ECS facility. 5. ALTERATIONS AND ATTACHMENTS. Alterations in, attachments to, or modifications of the Equipment, or associated ECS -provided systems software may NOT be made except with prior written approval of ECS. 6. MAINTENANCE. ECS agrees to provide normal maintenance service on the Equipment while it is on rent at no additional charge. Such service will include Equipment adjustment and repairs, cleaning and parts replacement. For this purpose, ECS will have full and free access to Equipment during ECS's Page 2 of 4 Pages normal business hours. If Customer requests service outside ECS's normal business hours, such service, if available, will be provided on a per call basis at ECS's hourly rates and terms then in effect. Customer will be charged at ECS's established rates and prices for maintenance service and parts required by other than normal use or necessitated by malfunctions of parts, attachments, or devices not supplied by ECS. Maintenance does not include: furnishing or replacing platens, expendable supply items (such as magnetic media, type elements, ribbons, etc.) or accessories; painting or refinishing the Equipment or furnishing materials therefor; making specification changes or performing services connected with relocation of Equipment; or adding or removing accessories, attachments or other devices. ECS will not furnish maintenance service for Equipment located beyond a 50 -mile radius from an ECS facility without an additional surcharge. ECS will not be responsible for failure to render maintenance service due to strikes, fire, flood and causes beyond its control. In certain remote locations, ECS reserves the right not to provide service at the Customer's location. In such case, Customer has responsibility to provide two-way transportation of the Equipment to the nearest ECS service center. 7. SUPPLIES. The ribbons, paper, magnetic media and other supplies used by the Customer to operate the Equipment are not included in the rental charges. These items may be purchase from ECS, or from any other supplier; however, if such ribbons, paper, magnetic media or other supplies are purchased from suppliers other than ECS, those items must meet ECS specifications. 8. RISK OF LOSS & DAMAGE. ECS relieves the Customer of responsibility for risk of loss or damage to any unit of Equipment except that caused by nuclear reaction, nuclear radiation, radioactive contamination, negligent or willful misconduct of the Customer or his agents, or use of Equipment other than in accordance with normal operations and the operating instructions and manuals provided therewith. 9. EQUIPMENT. The Equipment supplied by ECS will conform in all respects to operating specification and will be covered by the warranty set forth below. 10. WARRANTY. ECS warrants that the above Equipment, when installed, will be in normal operating order and ECS will make all necessary Equipment adjustments, repairs and part replacements without additional charge to maintain the Equipment in this condition, provided the Customer's account is current. All Equipment is supplied subject to these warranties. IN THE EVENT OF ECS'S BREACH OF ANY WARRANTY, CUSTOMER'S EXCLUSIVE REMEDY WILL BE THAT ECS WILL MAKE ANY EQUIPMENT ADJUSTMENTS, REPAIRS, OR PARTS REPLACEMENTS TO ANY EQUIPMENT WHEN IT DETERMINES THAT THE EQUIPMENT DOES NOT CONFORM TO THESE WARRANTIES. IN NO EVENT WILL ECS HAVE ANY OBLIGATIONS OR LIABILITY FOR DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL OR INCIDENTAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF EQUIPMENT. NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WILL APPLY TO THE EQUIPMENT. Page 3 of 4 Pages 11. DEFAULT. If the Customer defaults hereunder, ECS, in addition to other remedies, may repossess the Equipment without notice, in which case the Customer agrees to pay ECS's reasonable costs and expenses of collection and/or repossession including attorney's fees. This Agreement shall terminate in the event that Customer makes an Assignment for the benefit of creditors, or a voluntary or involuntary petition is filed by or against Customer under any law having for its purpose the adjudication of Customer a bankrupt, or the reorganization of Customer. 12. OTHER PROVISIONS. The terms and conditions of this Agreement supersede those of all previous agreements between ECS and the Customer with respect to the rental of the Equipment specified herein. The Customer agrees not to remove the Equipment from the installed location without prior written consent of ECS. This Agreement is not assignable by the Customer. None of the Equipment may be transferred by the Customer to another location without the prior written consent of ECS. In connection with any assignment by ECS of its interest in this Agreement, Customer will recognize such assignment and, upon request, furnish the assignee with a written acknowledgement that this Agreement is in.full force and effect, that Customer is not entitled to any counterclaim or set-off, and that Customer will not assert any counterclaim or right of set-off against the assignee. If this Agreement provides for any covenant or condition to be performed by ECS, Customer agrees that no such assignee shall be obligated thereon, and ECS will remain solely liable to perform these conditions and covenants. No rights of ownership in the Equipment shall pass to the Customer except by purchase by Customer. Any unit of Equipment may be removed by ECS at any time after its discontinuance from rental or the termination of this Agreement. This Agreement shall be governed by the laws of the State of Colorado and constitutes the entire contract between ECS and the Customer with respect to the rental of Equipment. The foregoing terms and conditions shall prevail notwithstanding any variance with the terms and conditions of any order submitted by the Customer with respect to the rental of Equipment. Any and all so called "investment tax credits" or similar tax provisions under the tax laws of the United States or any state relating to the acquisition and/or use of any item of Equipment shall inure to the benefit of Lessor, and Lessor does not elect to treat Customer as owner of the equipment for such tax purposes. Page 4 of 4 Pages