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Terms and Conditions of Maintenance Agreement <br />Description of Covered Services. Legend ID technicians will <br />perform maintenance service, at the scheduled frequency, sufficient <br />to keep equipment in good operating condition as recommended by <br />the manufacturer. Maintenance agreements cover all parts, labor, <br />travel time and expenses. Response time is a maximum of 24 <br /> is a condition of this Agreement that the equipment be in <br />good operating condition. <br />End Use Responsibilities. Operational maintenance tasks, as <br />good operating condition between maintenance calls are the <br />responsibility of the operator(s) of the equipment. Standard charges <br />will be incurred by the Customer for service calls made only for the <br />purpose of installing operating supplies, or for performing operator <br />or key operator functions as specified in the <br />without charge when the <br />technician is present for other reasons. <br />Description of Services Not Covered. This agreement does not <br />cover parts, labor and expenses necessary to: <br />accident, fire, water, power line voltages beyond those <br />specified for the particular equipment. <br /> repair, overhauling or altering equipment. When any <br />such repairs are requested, Legend ID will submit an <br />Damages/problems caused due to use of non-OEM parts, <br />attachments, devices or supplies. <br />Problems or adjustments caused by supplies not purchased <br />from Legend ID. <br />Damages/problems caused by daily usage beyond <br />manufacturers specifications. <br />Relocating or reconfiguring of equipment. <br />Replacement of consumables including printheads. <br />Hours of Coverage. The normal shift coverage period is between <br />8:00 a.m. and 5:00 p.m., Monday through Friday, excluding <br />holidays. All maintenance service will be performed on <br />service charge will <br /> for a service call requested by Customer outside of the <br />designated maintenance coverage period(s). <br />Agreement Period. This Agreement shall become effective upon <br />payment by Customer of charges for the first billing period, and <br />shall continue in effect thereafter until terminated by either party. <br />Continuation of this Agreement will be at rates <br />effective on each succeeding annual renewal date. <br />Lapse of Agreement. In the event of a lapse in agreement, <br />customer shall either agree to pay normal non contract fees for <br /> equipment cleaning and inspection prior to reinstating <br />Parts Availability/ Discontinuation. Customer will receive <br />notification for equipment that has been deemed End of Life by <br />Manufacturer. Legend ID will provide continued coverage of <br />equipment so long as parts may still be acquired either thr <br />third parties or from reserved inventory. Legend ID may terminate <br />coverage o equipment and will issue a prorated credit for the <br />unused portion of the agreement. <br />Payment. Maintenance service fees plus applicable taxes are <br />payable in advance at the designated billing frequencies. Net <br />payable upon receipt of invoice. <br />Liability Limitation. Legend ID shall be excused from and shall <br />not be liable for any failure or delay in performance hereunder due <br />to acts of God, accidents, fires, explosions, strikes, labor disputes, <br />wars, failures or delay in transportation, government or judicial <br />action affecting the terms of this Agreement or otherwise, <br />shortages of labor, fuel, raw material or machinery, or any other <br />cause beyon In no event shall Legend <br />ID be liable to Customer for special, incidental, consequential or <br />indirect damages, including lost profits, revenues of business <br />opportunities, caused by its delay, or failure to perform its <br />obligations under this Agreement. Legend ID total liability for <br />breach of this Agreement shall not exceed the amount refundable <br />under the provisions for termination of this Agreement. <br />Termination of Agreement. This Agreement shall be terminated <br />as to any or all items of equipment by either party upon thirty (30) <br />days prior to written notice, addressed to Legend ID servicing <br />to the end of a prepaid period Legend ID will refund Customer the <br />pro rated amount of the prepayment based upon the number of <br />scheduled service calls not performed. Termination shall not, <br />however, relieve Customer of its obligation for all charges incurred <br />through the date of termination. Modification of any equipment by <br />Customer will automatically terminate this Agreement as to such <br />equipment. <br />General Provisions. This agreement constitutes the entire <br />agreement between the parties, supersedes all prior agreements <br />and representation, whether oral or written, and may not be <br />modified, amended or changed except by written agreement <br />between the parties. Any terms or conditions of any purchase <br />order or other instrument issued by Customer which are in addition <br />or inconsistent with the terms or conditions of this Agreement shall <br />not be binding upon Legend Data Systems, Inc. and shall not <br />apply to this Agreement shall be binding upon <br />and inure to the benefit of the parties, their successors and <br />assigns.