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HomeMy WebLinkAboutC22-208 Peak Performance Imaging SolutionsPage 1 of 2 MAINTENANCE AGREEMENT CONTRACT Peak Performance Imaging Solutions 135 W 11th St. -PO Box 1968 Silverthorne, CO 80498 (970)262-2555 Bill to Eagle County Government P.O. Box 850 Attn: Scott Lingle Eagle, CO 81631 Contract Start May 01, 2022 Machine Info Contract End April 30, 2023 Contract Type SSCPC Level Model Savin Mp C4503 Color Digital Imaging System Finance Dept 500 Broadway Eagle, CO 81631 Maintenance Agreement Number: Price Cost per copy Serial: E174M260238 Rate Per Meter MP C4503 color MP C4503 black $0.072 $0.0072 MA00894 INCLUSIONS: All parts, labor, drum, developer, preventative maintenance kits, unlimited service calls & emergency service unless otherwise stated in Special Terms below. EXCLUSIONS: Paper, staples, and any network issues not caused by a failure of the equipment covered by this agreement (see Special Terms for any additional exclusions.) SPECIAL TERMS: (PLEASE READ CAREFULLY.) Includes all toner up to 6% coverage per color (K, M, C, and Y). Additional toner to be invoiced. To be billed monthly in arrears. -TERMS & CONDITIONS OF THIS AGREEMENT­coPIERS/PRINTERs The Company as listed shall hereinafter be referred to as Customer. Peak Performance Imaging Solutions, hereinafter referred to as PPIS, offers to the Customer its Service, Service & Supply, or Service & Supply Cost Per Copy (SSCPC) Program, subject to the terms and conditions set forth herein. Service hours are 8:00 am to 5:00 pm Monday through Friday, except holidays. Preventative maintenance will be done as your Key Operator notifies PPIS that it is due and/or on a scheduled basis by PPIS subject to Customers preference. Parts are included in your Maintenance Agreement except copy drums, transfer mediums, consumable items such as toner, developer and fuser oil for maintenance, and parts replacement required because of negligent operation or defective supplies (unless otherwise noted in the inclusions, special instructions or special terms section of this agreement prior to being signed by you the customer). No terms or conditions, expressed or implied, are authorized unless they appear on the original Agreement. The additional terms and conditions are incorporated and are an integral part of this Agreement. AGREEMENT PPIS agrees to maintain inventory of parts, supplies and service during the term of this contract and shall deliver to the Customer at the location as needed. In consideration therefore the Customer shall pay in installments as provided herein for the full term of this agreement. This agreement does not include paper products, transparencies, labels, or staples, unless otherwise noted. If the covered equipment's age Is past the period of the manufacturer's guaranteed parts availability (generally 7 years from manufacture date), PPIS cannot guarantee the availability of parts and supplies. If the equipment cannot be repaired due to unavailability of parts/supplies, the maintenance agreement will be terminated immediately, and any unused portion of pre-paid funds will be refunded to the customer. TERMS This contract shall commence on May 1, 2022. 1. GENERAL SCOPE OF COVERAGE This agreement covers both the labor and the material for adjustments, repairs and replacement of parts as necessitated by normal use of the equipment. Damage to the equipment or parts arisen out of misuse, abuse, negligence, electrical problems /surges, or any other causes beyond Peak Performance Imaging Solutions' control are not covered. In addition, Peak Performance Imaging Solutions may terminate this agreement in the event the equipment is modified, damaged, altered or serviced by personnel other than those employed by Peak Performance Imaging Solutions. Peak Performance Imaging Solutions may also terminate this agreement if parts, accessories or components not authorized by Peak Performance Imaging Solutions are fitted to the equipment. 2.SERVICE CALLS Service calls under this agreement will be made during normal business hours at the installation address shown on this agreement. Travel and labor time for service calls after normal hours, on weekends and on holidays, if and when applicable, will be charged at overtime rate in effect at the time the service call is made. 3. EXTENT OF LABOR SERVICES Labor performed during a service call includes lubrication and cleaning of the equipment and the adjustments, repairs or replacement of parts described in Paragraph #4. DocuSign Envelope ID: 4A4A9B70-697B-4325-982D-E2DA2A2F2294 Page 2 of 2 4.REPAIR AND REPLACEMENT OF PARTS All parts necessary to the operation of the equipment, with the exception of items listed as exclusions will be furnished free of charge during a service call included in the maintenance service provided by the agreement. 5.RECONDITIONING \Mien, in its sole discretion, Peak Performance Imaging Solutions determines a reconditioning is necessary to keep the equipment in working condition, Peak Performance Imaging Solutions will submit to customer an estimate of needed repairs and the cost thereof which will be in addition to the charge payable under this maintenance agreement. If the customer does not authorize such reconditioning, Peak Performance Imaging Solutions may at its discretion discontinue service of the equipment under this agreement, refunding the unused portion of the maintenance charge, or may refuse to renew this agreement upon its expiration. Thereafter, service will be available on a "Per Call' basis at published rates. 6.TERM This agreement shall become effective upon receipt by Peak Performance Imaging Solutions of the initial annual maintenance charge provided on page one hereof and shall continue for one full calendar year (or term listed in the exclusions, special instructions or special terms section of this agreement) or the maximum number of copies shown on the page one, whichever occurs sooner. This contract shall be automatically renewed for successive similar periods subject to the receipt by Peak Performance Imaging Solutions of the maintenance charge in effect at the time of renewal, provided that the customer is not then in default. 7.BREACH OR DEFAULT If the customer does not pay all charges for maintenance or parts provided thereunder, promptly when due: 1.) Peak Performance Imaging Solutions may refuse to service the equipment or (b) furnish service on a C.O.D. "Per Call' basis at published rates 2.) You the customer accept the term length of this agreement and accept that breach or default of this agreement will result in you the customer being responsible for full payment of said agreement, including customers on CPC /SSCPC billing cycles (charges will be prorated per average monthly volumes). 3.) You the customer agree to pay Peak Performance Imaging Solutions' costs and expenses of collection, including the maximum attorney's fees and collection fees permitted by law. MOVING EQUIPMENT: 1.) PPIS reserves the right to apply reasonable charges to move equipment for customers and in sole discretion reserve the right to charge for damage to customers equipment done by unauthorized moving of equipment by you the customer without prior approval from PPIS. 2.) If equipment is moved to a new Peak Performance Imaging Solutions service zone, Peak Performance Imaging Solutions shall have the option to charge, and the customer agrees to pay, the difference in published maintenance charges between the current zone and the new zone, such charges to be assessed on a pro-rate basis. If equipment is moved beyond Peak Performance Imaging Solutions' published service zones, customer agrees to pay a fair and reasonable charge for continued maintenance under this agreement, taking into account the distance to customer's new location and Peak Performance Imaging Solutions' published rates for service on a "Per Call" basis. If equipment is moved beyond Peak Performance Imaging Solutions' published service zones, PPIS reserves the right to terminate the contract with no refund available to customer. SUPPLIES: Equipment marketed by Peak Performance Imaging Solutions is designed to give excellent performance with Peak Performance Imaging Solutions authorized supplies. If you the customer choose to use supplies that are not acceptable for use on Peak Performance Imaging Solutions marketed or serviced machines, and these unapproved supplies cause abnormally frequent service calls or service problems, PPIS may, at its option, terminate this agreement. Any unused portion of the maintenance agreement charges may, at Peak Performance Imaging Solutions' sole option, either be refunded in line with the terms of paragraph #6, or Peak Performance Imaging Solutions may terminate the contract with no refund available to customer. In that event, the customer will be offered service on a "Per Call' basis at published rates. It is a condition of this agreement that the customer uses only Peak Performance Imaging Solutions authorized supplies. . 8.WARRANTY Other than the obligations set forth herein, Peak Performance Imaging Solutions disclaims all warranties, express or implied, including any implied warranties of merchant ability, fitness for use, or fitness for a particular purpose. Peak Performance Imaging Solutions shall not be responsible for direct, incidental or consequential damages including but not limited to, damages arising out of the use or performance of the equipment or the loss of use of the equipment. 9.EQUIPMENT CONDITION The equipment must be in good condition on the commencement date of the agreement. Peak Performance Imaging Solutions will charge customer, and customer agrees to pay for parts and labor required to place the equipment in such condition unless covered under any applicable warranties or a continuous maintenance agreement. Peak Performance Imaging Solutions will invoice the customer and this will be in addition to the price set forth on the page one hereof. 10.PC CONNECTIVITY, SUPPORT, INTEGRATION See Sales order for your equipment. Customer accepts terms & conditions of Sales Order as well as Scope of Responsibility Listed on Reverse Side of Sales Order. Standard warranty(s) for PC peripherals such as hubs, print servers, etc. is with Manufacturer. Installation Time is clearly stated on Sales Order. An estimate for installation time is stated on Sales Order, with an amount of time Included (standard is 2 hours per machine). Additional installation time and/or further network integration is available at published rates. PPIS assumes there is a network drop within close proximity to machine location. PPIS requests full access to network environment to install systems efficiently & quickly. Delays not caused by PPIS may be billed to customer at PPIS discretion. PPIS offers training on how to operate connected equipment, PPIS does not offer basic computer skills training. PPIS offers additional long -term key op training at no charge. Additional technical calls for further integration is chargeable (not supported by this maintenance agreement), but may be supported via a separate agreement. 11.MISCELLANEOUS The laws of the state of Colorado shall govern this agreement and are applicable to agreements wholly negotiated, executed and performed in such State. It constitutes the entire agreement between the parties and may not be modified except in writing by a duly authorized officer of Peak Performance Imaging Solutions. 12.Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefor by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). All Invoices Are Due And Payable On Receipt This customer guarantees payment within specified terms and agrees to reimburse seller for all expenses incurred in collecting the amount of this invoice. Overdue invoices are subject to late charges. Customer Acceptance Date: Authorized Signature: COUNTY OF EAGLE, STATE OF COLORADO, By and Through its COUNTY MANAGER By: ______________________________ Jeff Shroll, County Manager DocuSign Envelope ID: 4A4A9B70-697B-4325-982D-E2DA2A2F2294 5/24/2022 DocuSign Envelope ID: 4A4A9B70-697B-4325-982D-E2DA2A2F2294