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Copier/Printer Maintenance Agreement
Terms and Conditions
This maintenance Agreement (hereinafter referred to as Agreement) is entered into by and between Sasiadek’s IT Solutions (hereinafter referred to as Sasiadek’s) and end user (hereinafter referred to as “Customer”). The term of this Agreement shall be the specified term or number of impressions, whichever comes first. This Agreement shall be automatically renewed upon expiration, subject to the then applicable rates and charges of Sasiadek’s. Either party may terminate this Agreement at the end of the initial term or any subsequent term by giving the other party written notice at least sixty (60) days, prior to expiration to the then current Agreement. No refunds will be given in the event this contract is terminated by either party and any prorated or residual amount may be applied to other services or products at Sasiadek’s discretion. This Agreement is solely between Sasiadek’s and the Customer named herein and may not be transferred or assigned to another party without the expressed written consent of Sasiadek’s. The original service Agreement shall not be valid unless the Sasiadek’s General Manager or the Sasiadek’s Service Manager has signed it. Sasiadek’s Service Manager or Sasiadek’s General Manager must also sign any amendments to this Agreement. The Agreement is subject to an increases of up to 10% annually. This Agreement is non-refundable. Sasiadek’s reserves the right to update and/or modify this Agreement at any time and post changes to http://www.sasiadeks.com/terms-and-conditions/
- Items Included
This Agreement includes the following as applicable: unlimited service calls, parts (as classified by the manufacturers) and consumable supplies (toner, maintenance kits, transfer kits, fuser kits, process kits, developer and imaging drums). Supplies consumption shall be based off the manufacturer’s suggested yields and fill rate. If supplies consumption is excessive based on the manufacturers yield, a surcharge may be assessed. Sasiadek’s reserves the right to reset supply items (i.e. fuser and maintenance kits) in lieu of replacement so long as print quality is not affected.
- Items Excluded
This Agreement excludes the following unless otherwise specified:
- Paper and staples.
- Any items damaged by Customer such as, but not limited to, doors, paper trays and covers. Replacement of these items will be charged to the Customer at Sasiadek’s then-current rates.
- Printers & MFP’s: External cards, hard drives, software and connected hardware.
- Fax Machines: Thermal heads, process units and fuser units.
- Network Connected Equipment: Network connected equipment will be covered up to the network connection of the Printer/MFP. Service calls caused by computer or network will be charged to Customer at Sasiadek’s then-current rates. Digital connected equipment must be accompanied by a “Scope of Work” Agreement. All network configuration, computer configuration, hardware NIC reconfiguration and software reconfigurations are specifically excluded from this Agreement.
- Services and Equipment
Sasiadek’s agrees to provide emergency service and all maintenance on the equipment listed on the attached schedule(s) for the term of the Agreement except as follows: use of supplies, spare parts, or paper that do not meet manufacturer’s specifications and cause abnormal service problems; Fire, accident, theft or damage to the machine due to repairs or movement by someone other than an authorized Sasiadek’s representative. Sasiadek’s guarantees an average of 4 business hour on-site response time to all service calls from time of initial call.
- Sasiadek’s reserves the right to inspect all equipment to be covered under this Agreement to determine that it is in good mechanical condition prior to the effective date on the front of this Agreement. Should the equipment require significant repair or overhaul, such repairs may be chargeable to the Customer at Sasiadek’s then-current rates. Such repairs will be performed upon the agreement of both parties.
- If replacement of consumable items recommended by Sasiadek’s service representative is not complied with and results in additional service calls, the Customer will be charged at our normal hourly rates. These consumable items are to include, but not be limited to toner, developer, drums and supply modules.
- Sasiadek’s shall not be held responsible for repairs or maintenance resulting from the use of supplies or parts not obtained from Sasiadek’s. Any repairs resulting from the use of supplies or parts not obtained through Sasiadek’s will be charged to the Customer at Sasiadek’s then-current rates.
- Sasiadek’s shall not be held responsible for delays, inability to provide service calls due to strikes, accidents, power surges, brownouts, blackouts, acts of God or any other event beyond its control. All Service under this Agreement shall be rendered during normal working hours of 8:00 A.M. to 5:00 P.M. Monday through Friday, excluding holidays. Service work requested by the Customer outside of normal business hours shall be performed at the sole discretion of Sasiadek’s. The Customer shall be liable for additional labor charges for all service rendered during non-business hours at Sasiadek’s then-current rates.
- In the event a manufacturer discontinues parts or supplies for a specific device, the unused portion of this Agreement can be transferred to a new machine purchased through Sasiadek’s, with prior written approval by Sasiadek’s.
This Agreement does not include reconfiguration or troubleshooting of equipment or Customer’s network devices due to changes made by the Customer to their network infrastructure including but not limited to data networks, voice networks and any hardware or software that may directly or indirectly effect operation of the covered equipment.
- Location and Conditions
The terms of this Agreement shall only apply to the equipment specified on page one (1) of the original Agreement while located at the address named therein. Should the machine be moved, Sasiadek’s must be notified at least 2 weeks in advance of the move. Sasiadek’s will not be held liable to move the machine from the contract location to another location. Sasiadek’s may at their sole discretion extend this Agreement to cover equipment moved to another location within Sasiadek’s normal service area. Sasiadek’s shall not be liable for any terms of this Agreement while the covered equipment is located outside of Sasiadek’s normal service area. Should Sasiadek’s determine that the , the covered equipment will be transported by Customer or Customer’s representative to Sasiadek’s location for repairs.
All equipment covered under this Agreement must adhere to the following guidelines:
- Equipment must be placed in a normal office setting with sufficient amount space for access, free from excessive dust, humidity, temperature and ammonia or other corrosive fumes.
- Equipment must be operated on an isolated electrical line. Equipment must always be operated on a UL approved electrical circuit, with proper current, voltage and type of outlets as specified by the original equipment manufacturer.
- Equipment should be operated within the specified operational (including usage) specifications.
- Only Sasiadek’s furnished supplies may be used.
- Equipment changes can be made mid-contract with written amendment to this document, signed by both parties.
Customer will provide suitable space, heat, light, ventilation, electrical outlets, and telephone for Sasiadek’s service representatives. These facilities will be within a reasonable distance to the equipment to be serviced and provided at no additional charge. The Customer will also make available at least one or more “key operators” to be trained in the care and use of the equipment. Customer will make available at least one key operator during service calls to aid the service representative in determining the scope of work to be performed.
This service Agreement does not cover damage caused to the equipment due to Customer negligence. In the event of Customer negligence, the Customer will be liable for all parts, supplies and labor associated with the repair. Sasiadek’s will not be liable for a complete rebuild of the said machine. Sasiadek’s cannot be held liable for parts availability on a machine that is 7 or more years of age. Sasiadek’s will not reimburse the Customer for any Sasiadek’s or consumption of paper or supplies due to testing and maintenance procedures performed by Sasiadek’s service representatives. Sasiadek’s will not be liable for any failure or delay in performance due in whole or in part to any cause beyond its control. Sasiadek’s cannot be held liable for any damages derived from acts of God, electrical outlets (including electrical surges, brownouts, blackouts, wall voltage, ground and electrical noise), environmental hazards, and elements. In no event will Sasiadek’s be liable for any direct or indirect, special, or consequential damages arising out of this Agreement or the use of any equipment to which this Agreement is subject or any service performed or not performed pursuant to or contemplated by this Agreement.
The equipment under this Agreement will provide high quality output and optimum performance with supplies which have been proven and tested by Sasiadek’s and its trusted affiliates. Sufficient toner will be furnished to supply normal copy yields as suggested by the manufacturer, excess supply consumption or misappropriation of supplies may result in additional charges. If the Customer uses supplies other than those provided by Sasiadek’s and if such supplies result in excessive service calls or are clearly not compatible with the equipment, then the coverage under this Agreement may not apply, and the Customer may be charged for all parts and labor needed.
Title of all supplies furnished in connection with the Agreement, including toner, drums and imaging units, remain with Sasiadek’s until said supplies are consumed. In the event of Customer default or cancellation of this Agreement, all unused supplies and consumable parts shall be returned to Sasiadek’s upon demand. Sasiadek’s reserves the right to charge the Customer a pro-rated amount of any unused portion of the toner, drums and imaging units remaining.
Sasiadek’s Information Technologies will install and use monitoring software to provide meters for networked equipment. A key Customer contact shall be responsible for providing access to allow Sasiadek’s to collect meters when needed. Alternatively, the Customer may report meters to Sasiadek’s upon request. If no meter is received Sasiadek’s reserves the right to utilize past meters to estimate any required meter in order to process billing. Sasiadek’s may charge an administrative fee to any Customer without remote monitoring or any Customer who does not report page count by the last business day of a given month.
- Annual Print/Scan Support Fee
At the end of the initial term and each successive term, Sasiadek’s may charge Customer an annual fee of $295.00 for print and scanning support to include loading print drivers and resolving scanning issues that may arise.
Payment is due ten (10) days from date of invoice. Delinquent amounts shall accrue interest at a rate of 1.5% of the past due amount per month (or, if lower, the maximum rate of interest chargeable under applicable law) plus a 5% administrative fee. Customer shall pay all federal, state and local sales, use property, excise or other taxes imposed with respect to the purchase price listed on the reverse side of this Agreement.
- Discontinuance of Service, Beach or Default
Sasiadek’s reserves the right to discontinue this Agreement for any reason, including but not limited to the following reasons;
- The equipment is not being used in accordance with the manufacturer’s published guidelines.
- The equipment is abused or mistreated by the Customer.
- The Customer alters the equipment or uses parts or supplies not supplied by Sasiadek’s or the manufacturer.
- Repairs due to service performed by individuals other than authorized representatives of Sasiadek’s.
- Customer has not performed recommended procedures and or service.
If the Customer does not pay all charges as provided hereunder promptly when due:
(1) Sasiadek’s Information Technologies may (a) refuse to service the equipment or; (b) furnish service on a C.O.D. “Per Call” basis at Sasiadek’s then-current rates; and (2) the Customer agrees to pay Sasiadek’s costs and expenses of collection including reasonable attorney’s fees permitted by law in addition to all other rights and remedies available to Sasiadek’s.
- Non-solicitation and Non-recruitment
Customer agrees to not solicit, recruit or hire employees of Sasiadek’s during the employee’s employment by Sasiadek’s or within two (2) years after resignation, relocation or termination. Customer acknowledges that Sasiadek’s invests significant resources into the training and development of its employees. In the event Customer solicits, recruits or hires Sasiadek’s employee, or causes a third party to do so on Customer’s behalf, Customer agrees to pay Sasiadek’s the annual base salary for the solicited/hired employee and reimburse Sasiadek’s for all training expenses incurred in the development of said solicited/hired employee, recruitment services fees paid to place the employee and all expenses associated with the training of the new employee.
- Legal Provisions
This Agreement shall be governed by and construed in accords of the laws of the State of Arizona. Jurisdiction over and venue of any suit under this Agreement shall be exclusively in the State and Federal or District Courts located in Arizona. In the event that the Customer defaults under the Agreement or any related agreement or if any other dispute arises in any way related to this Agreement or any related agreement requiring Sasiadek’s to refer said matter to an attorney and/or to initiate or defend any court action, Customer agrees to pay Sasiadek’s reasonable attorney’s fees and all costs resulting from such action.
The waiver by a party of a breach of any provision of this Agreement by the other party shall not be construed as a waiver of any subsequent breach of that party. If for any reason any portion of this Agreement shall be held invalid or unenforceable the holding of invalidity or unenforceability of that portion shall not affect any other portion of this Agreement and the remaining portions of this Agreement shall remain in full force and effect. This Agreement contains the entire agreement between the parties with respect to this matter. This Agreement has been negotiated by the respective parties hereto and all its provisions shall be given any fair and reasonable interpretation in accordance with the words and of those provisions, without any consideration or weight being given to the Agreement having been drafted by any party hereto of the parties’ counsel. Sasiadek’s reserves the right to update and/or modify this Agreement at any time and post changes to http://www.sasiadeks.com/terms-and-conditions/