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HomeMy WebLinkAboutC97-227 Chess IncorporatedCV72270Ip CHESS CUSTOMER SERVICE AGREEMENT This Customer Service Agreement is made between CHESS INCORPORATED, 410 Raritan Way, Denver, Colorado 80204 and (Name of Customer) County Assessor (Address of Customer) P.O. Box 449, Eagle, Co 81631 I. DURATION OF AGREEMENT This agreement is effective as of August 1, 1997 and shall continue for an initial term of one year and will be extended automatically thereafter until terminated. This agreement may be terminated, after the initial year, by either party for any reason upon 30 days written notice to the other party. H. SERVICE OBLIGATIONS Subject to the terms of this agreement, CHESS INCORPORATED shall provide the following maintenance service on the equipment specified in Attachment A: Repair of equipment or replacement of equipment parts worn or damaged as a result of normal usage. Parts will be replaced only if such replacement is deemed reasonably necessary in the sole discretion of CHESS INCORPORATED. All replacement parts will be furnished by CHESS INCORPORATED on an exchange basis only. III. SERVICE EXCLUSIONS CHESS INCORPORATED EXCLUDES ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ON ALL REPLACEMENT PARTS PROVIDED TO CUSTOMER. Any equipment not listed in Attachment A is not subject to this Customer Service Agreement. Attachment A may be modified, so as to add or delete certain specified equipment, with the written consent of CHESS INCORPORATED. CHESS INCORPORATED will not provide maintenance service on equipment which is damaged or otherwise in need of repair as a result of (1) alteration or modifications made to such equipment or any other acts or omissions of any person other than an agent or employee of CHESS INCORPORATED; (2) loss of data for any reason; (3) acts of God, including lightning, flood, tornadoes and fire; and/or (4) the use of non original manufacturer consumable items. This agreement does not cover consumable items as indicated in the appropriate users manual. These may include toner, drum, ribbons, cartridges, fusers and developers. Replacement of such consumable items and similar items are the Customer's sole responsibility. Under this agreement CHESS INCORPORATED will not furnish service for Site Environment and Power Analysis, General Telephone Technical Support, System -wide Trouble- shooting, Installation, Application Software Support, Operating System Support, Operating System or Data Reloading, Customer Operator Problems, Computer Virus Detection or Eradication, Consulting or Training, unless specified on schedules attached hereto. IV. SERVICE AVAILABILITY CHESS INCORPORATED will provide maintenance service at the Customer's offices or at the offices of CHESS INCORPORATED Monday through Friday between the business hours of 8:00 a.m. and 5:00 p.m., excluding all holidays observed by CHESS INCORPORATED. CHESS INCORPORATED will use its best efforts to respond to the Customer's call for maintenance service at the Customer's offices within eight business hours. In the event that equipment can not be serviced or repaired to proper working order within a mutually agreed reasonable amount of time, compatible loaner equipment will be provided at no charge to the customer. V. SUB -CONTRACTING SERVICE OBLIGATIONS CHESS INCORPORATED has the right to sub -contract its maintenance service obligations under this agreement upon written or oral approval by Customer. VI. INCIDENTAL AND CONSEQUENTIAL DAMAGES ARE HEREBY EXCLUDED AND MAY NOT BE RECOVERED BY CUSTOMER UNDER ANY CIRCUMSTANCES. VII. CUSTOMER OBLIGATIONS Customer shall make payments to CHESS INCORPORATED within 30 days of receipt by Customer of an invoice from CHESS INCORPORATED in accordance with the maintenance rates provided in Attachment A. Customer shall make such payments on a X monthly; _quarterly; _semi-annual; or _annual basis. Basic charges are exclusive of all customer; import duties; and federal, state, municipal, or other governmental excise, sales, use, or like taxes now or hereinafter in effect. Any invoice not timely paid shall accrue interest at the rate of 18% per year. 2 During the term of this Customer Service Agreement and for a period of 180 days following any termination hereof, Customer shall not employ or seek to employ any person who is or has been employed by CHESS INCORPORATED. This provision shall survive any termination of this agreement. VIII. EQUIPMENT CONDITION Customer warrants that the equipment specified in Attachment A is in proper working order as of the date this agreement is accepted by Customer. CHESS INCORPORATED is permitted to inspect all equipment included in Attachment A within 30 days of acceptance of this agreement by Customer in order to ensure that such equipment is in proper working order. If, upon such inspection, CHESS INCORPORATED determines in its sole discretion that such equipment was not in proper working order as of the date this agreement was accepted by Customer, the provisions of this agreement will not apply to such equipment. CHESS INCORPORATED may offer maintenance service on such equipment to Customer at its ordinary maintenance service rates. IX. MISCELLANEOUS TERMS This agreement is not assignable by Customer without the prior written consent of CHESS INCORPORATED. This agreement shall by governed by and interpreted in accordance with Colorado law, and the parties irrevocably consent to the exclusive jurisdiction and venue of the District Court in and for the City and County of Denver for any action initiated to interpret or enforce the terms of this agreement. The prevailing party in any action initiated to interpret or enforce the terms of this agreement is entitled to collect reasonable attorney fees and costs. ATTACHMENT A The equipment to be serviced by CHESS INCORPORATED pursuant to the Customer Service Agreement includes and is limited to the following: Customer Equipment Description Serial Number(s) Yr. Rate 1. TRISTAR PCU/IDEK MONFFOR/CD ROM 309417 120. 2. DEC 433 dxLP COMPUTER SP23901857 120. 3. DIGITAL COLOR MONITOR TA245A5145 48. 4. DEC 433 dxLP W/5.25" KA309HL705? 120. 5. DIGITAL COLOR MONITOR TA23500036? 48. 6. DIGITAL COLOR MONITOR TA233500005 48. 7. DEC 433 dxLP COMPUTER SP23901836 120. 8. EUROLINE PRINTER 123342 720. 9. DEC 450 DX2 W/245MB SP24306350 120. 10. DIGITAL COLOR MONITOR TA242A1326 48. 11. DEC 433 dxSP COMPUTER KA312KD279 120. 12. DIGITAL COLOR MONITOR TA250B4826 48. 13. DEC 433 dxLP COMPUTER TA233TO783 120. 14. DIGITAL COLOR MONITOR TA2402922 48. 15. DEC 433 dxLP COMPUTER SP23908177 120. 16. DIGITAL COLOR MONITOR TA23500024 48. 17. DEC 433 dxLP COMPUTER SP23901804 120. 18. DIGITAL COLOR MONITOR TA23500010 48. 19. DEC 433 dxLP COMPUTER KA312KD278 120. 20. DIGITAL COLOR MONITOR TA250B4515 48. 21. DEC 433 dxLP COMPUTER SP23901805 120. 22. DIGITAL COLOR MONITOR TA23500016 48. 23. DEC 433 dxLP COMPUTER SP2390187 120. 24. DIGITAL COLOR MONITOR TA23500328 48. 25. DEC 433 dxLP COMPUTER SP23901765 120. 26. DIGITAL COLOR MONITOR TA23500011 48. 27. SERVER UP -GRADE BOARD N/A 24. 28. SCSI MC2210 HARD DRIVE N/A 20. 29. QUANTUM 4GB DRIVE N/A 48. 30. DEC 433 dxLP COMPUTER SP23901868 120. 31. DIGITAL COLOR MONITOR TA23500001 48. 32. DEC 433 dxLP COMPUTER KA351FPJ57 120. 33. DIGITAL COLOR MONITOR 3I40705015 48. 4 l 34. DEC 450D COMP PACKAGE KA405JTJ99 120. 35. DIGITAL COLOR MONITOR 7034126011 48. 36. DEC 450D2 COMP PACKAGE KA406KHF99 120. 37. DIGITAL COLOR MONITOR 7033820718 48. 38. DEC 450DC COMP PACKAGE KAROTJTKO 120. 39. DIGITAL COLOR MONITOR 7C34126066 48. 40. DEC 450132 COMP PACKAGE KA406KHF94 120. 41. DIGITAL COLOR MONITOR 7C34126073 48. 42. DEC 450D2 COMP PACKAGE KA406KHF87 120. 43. DIGITAL COLOR MONITOR 7034126052 48. 44. DEC 450D2 COMP PACKAGE KA406KHF05 120. 45. DIGITAL COLOR MONITOR 703412606 48. 46. TOSHIBA LAPTOP T48SOCT 2523472 260. 47. DIGITAL COLOR MONITOR IK52401313 48. 48. NOKIA 445 X 21" MONITOR 95230256868 150. 49. HP IVMV 372. 50. HP 5SI 396. 51. DEC SERVER 400 X P 252. 52. HP NETSERVER 510OLC 252. * A $100. per incident travel charge will be invoiced separately. SIGNED: CHESS INCORPORATED Authorized Representative of Chess �Othorized Representative of Cust er 5 Annual Total $6022.00 Monthly Total $501.83 D e I -,//--F 7 Date