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<br /> LEGEND I d Terms and Conditions of Maintenance Agreement
<br /> agreement or sign and pay fees for original dated contract
<br /> 1. Description of Covered Services. Legend ID technicians will agreement in order to continue coverage.
<br /> perform maintenance service,at the scheduled frequency,
<br /> sufficient to keep equipment in good operating condition as 7. Parts Availability/Discontinuation.Customer will receive
<br /> recommended by the manufacturer.Maintenance agreements notification for equipment that has been deemed End of Life by
<br /> cover all parts,labor,travel time and expenses.Response time is Manufacturer. Legend ID will provide continued coverage of
<br /> a maximum of 4 hours. It is a condition of this Agreement that equipment so long as parts may still be acquired either thru third
<br /> the equipment be in good operating condition. parties or from reserved inventory. Legend ID may terminate
<br /> coverage or equipment and will issue a prorated credit for the
<br /> 2. End Use Responsibilities.Operational maintenance tasks,as unused portion of the agreement.
<br /> specified in equipment operator's manuals,to keep equipment in
<br /> good operating condition between maintenance calls are the 8. Payment.Maintenance service fees plus applicable taxes are
<br /> responsibility of the operator(s)of the equipment.Standard payable in advance at the designated billing frequencies. Net
<br /> charges will be incurred by the Customer for service calls made payable upon receipt of invoice.
<br /> only for the purpose of installing operating supplies,or for
<br /> performing operator or key operator functions as specified in the 9. Liability Limitation.Legend ID shall be excused from and shall
<br /> operator's manual. Such work,if required,will be performed not be liable for any failure or delay in performance hereunder
<br /> without charge when the technician is present for other reasons. due to acts of God,accidents,fires,explosions,strikes,labor
<br /> disputes,wars,failures or delay in transportation,government or
<br /> 3. Description of Services Not Covered. This agreement does judicial action affecting the terms of this Agreement or otherwise,
<br /> not cover parts,labor and expenses necessary to: shortages of labor,fuel,raw material or machinery,or any other
<br /> a) Repair of damage caused by Customer's negligence, cause beyond its or its suppliers'control. In no event shall
<br /> accident,fire,water,power line voltages beyond those Legend ID be liable to Customer for special,incidental,
<br /> specified for the particular equipment. consequential or indirect damages,including lost profits,
<br /> b) Major repair,overhauling or altering equipment. When any revenues of business opportunities,caused by its delay,or failure
<br /> such repairs are requested, Legend ID will submit and to perform its obligations under this Agreement. Legend ID total
<br /> estimate before customer's approval before work is started. liability for breach of this Agreement shall not exceed the amount
<br /> c) Damages/problems caused due to use of non-OEM parts, refundable under the provisions for termination of this
<br /> attachments,devices or supplies. Agreement.
<br /> d) Problems or adjustments caused by supplies not
<br /> purchased from Legend ID. 10. Termination of Agreement.This Agreement shall be terminated
<br /> e) Damages/problems caused by daily usage beyond as to any or all items of equipment by either party upon thirty(30)
<br /> manufacturers specifications. days prior to written notice,addressed to Legend ID's servicing
<br /> f) Relocating or reconfiguring of equipment. location,or to Customer's billing address. Upon termination prior
<br /> g) Replacement of consumables including printheads. to the end of a prepaid period Legend ID will refund Customer
<br /> the pro rated amount of the prepayment based upon the number
<br /> 4. Hours of Coverage.The normal shift coverage period is of scheduled service calls not performed. Termination shall not,
<br /> between 8:00 a.m.and 5:00 p.m.,Monday through Friday, however,relieve Customer of its obligation for all charges
<br /> excluding holidays. All maintenance service will be performed on incurred through the date of termination. Modification of any
<br /> Customer's premises during mutually agreed upon times. A equipment by Customer will automatically terminate this
<br /> service charge will be made for a service call requested by Agreement as to such equipment.
<br /> Customer outside of the designated maintenance coverage
<br /> period(s). 11. General Provisions. This agreement constitutes the entire
<br /> agreement between the parties,supersedes all prior agreements
<br /> 5. Agreement Period. This Agreement shall become effective and representation,whether oral or written,and may not be
<br /> upon payment by Customer of charges for the first billing period, modified,amended or changed except by written agreement
<br /> and shall continue in effect thereafter until terminated by either between the parties. Any terms or conditions of any purchase
<br /> party. Continuation of this Agreement will be at rates effective on order or other instrument issued by Customer which are in
<br /> each succeeding annual renewal date. addition or inconsistent with the terms or conditions of this
<br /> Agreement shall not be binding upon Legend Data Systems,Inc.
<br /> 6. Lapse of Agreement.In the event of a lapse in agreement, and shall not apply to this Agreement.
<br /> customer shall either agree to pay normal non contract fees for This Agreement shall be binding upon and inure to the benefit of
<br /> onsite equipment cleaning and inspection prior to reinstating the parties,their successors and assigns.
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